Lewis v. Systemex, Inc.

Filing 10

ORDER granting 9 Motion to Dismiss for Lack of Prosecution and failure to comply with the orders of this court. This case is dismissed without prejudice and the clerk is directed to ensure Plaintiff's former counsel, Dale Smart receives a copy of this order. Mr. Smart is directed to provide a copy of this order to Plaintiff at her last known addresses. Signed by Honorable Robert T. Dawson on March 2, 2012. (sh)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
TEANNA LEWIS

PLAINTIFF

v.

Case No. 11-1010

SYSTEMEX, INC.

DEFENDANT
ORDER

Before the Court is Defendant’s Motion to Dismiss for Lack
of Prosecution (Doc. 9).

This case is set for a jury trial to

begin on March 26, 2012.

On October 19, 2011, the Court entered

an order permitting Plaintiff’s counsel to withdraw.

(Doc. 8).

The Court granted Plaintiff until November 21, 2011, to either
retain new counsel or to advise the Court that she intends to
proceed pro se.

(Doc. 8).

The Court further advised Plaintiff

that her failure to comply with that order might result in the
dismissal of her action.
As
Court’s

of

this

order

or

date,

Plaintiff

communicated

to

has

not

the

Court

intends to proceed with this action.

complied
in

any

with

the

that

she

Accordingly, Defendant’s

Motion to Dismiss (Doc. 9) should be and is hereby GRANTED.
Plaintiff’s case is hereby DISMISSED WITHOUT PREJUDICE on the
grounds that she has failed to prosecute it and has failed to
comply with Court orders.

See Fed. R. Civ. P. 41(b).

Should

Plaintiff re-file this action, Defendant may petition the Court
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to require the Plaintiff to show good and adequate cause for her
failure to prosecute the instant action before she is allowed to
proceed with a second action.
The U.S. District Clerk is directed to ensure Plaintiff’s
former counsel, Dale Smart, receives a copy of this order.

Mr.

Smart is directed to provide a copy of this order to Plaintiff
at her last known addresses.
IT IS SO ORDERED this 2nd day of March 2012.
/s/ Robert T. Dawson
Honorable Robert T. Dawson
United States District Judge

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