Delach v. General Insurance Company of America

Filing 16

Enter order: Defendant General Insurance Companys Motion to Dismiss [Dkt. No. 9] is granted without prejudice. Civil case terminated. Signed by the Honorable Virginia M. Kendall on 1/24/2014.Mailed notice(tsa, )

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ILLINOIS

Delach here to enter text.
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Plaintiff
v.

General Insurance Company
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Defendant

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Case No. Click here to enter text.
13 c 7619
Judge Virginia M. Kendall
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ORDER
Defendant General Insurance Company’s Motion to Dismiss [Dkt. No. 9] is granted without prejudice.
Because Plaintiff Raymond Delach’s Complaint seeks to compel an arbitration process that is currently
on-going: discovery is being conducted and the arbitrators have been selected. Plaintiff has therefore
failed to state a claim upon which relief can be granted pursuant to Fed.R.Civ.P 12(b)(6). Moreover,
aside from filing an appearance, counsel for the Plaintiff has failed to prosecute this case—he did not
file a Response to the Motion to Dismiss and failed to appear for the Initial Status Hearing scheduled
for January 8, 2014. See Kirksey v. R.J. Reynolds Tobacco Co., 168 F.3d 1039, 1041 (7th Cir. 1999)
(finding the plaintiff defaulted for failing to respond to defendant’s motion to dismiss). The Plaintiff
may reinstate his claim within 90 days from today if the Defendant reverses course and declines to
continue participating in the arbitration.

Date: January 24, 2014

/s/ Virginia M. Kendall
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U.S. enter text.

Rev. 10/2013