Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-OO705—JJF Document 31 Filed O2/07/2006 Page 1 of 1
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
CHAMBERS OF LOCKBOX 27
JOSEPH .1. FARNAN. JR. 8-44 KING STREET
JUDGE U.S. C OURTIIOUSE
\\'I,LMINGTON, DE1..A\\'4\RE 19801
(302) 573-M55
February 6, 2006
Michael W. Arrington, Esquire
Parkowski, Guerke & Swayze, P.A.
800 King Street, Suite 203
Wilmington, DE 19801
RE: Kamara v. Michael Funding LLC
Civil Action No. 04-705 JJF
Dear Mr. Arrington:
The Court is in receipt of your February 2, 2006 letter suggesting a sua sponze
dismissal of the above action for failure to prosecute.
All cases assigned to this Court are reviewed periodically as to status. In
accordance with District of Delaware Local Rule 41.1, in cases pending wherein no action has
been taken for a period of 3 months, after reasonable notice, it is in this Court’s discretion to sua
sponte dismiss the action for failure to prosecute. Further, the Third Circuit has enumerated
several factors relevant to a district court’s exercise of discretion when dismissing cases for
failure to prosecute: "(1) the extent of the party’s personal responsibility; (2) the prejudice to the
adversary; (3) a history of dilatoriness; (4) willful conduct; (5) altemative sanctions; and (6) the
meritoriousness of the claim." Poulis v. State Fann Fire and Cas. Co., 747 F.2d 863, 868 (3d
Cir. 1984).
In the instant action, certain claims have survived a motion to dismiss.
Additionally, thc Plaintiff, James Kamara, filed a letter on December 13, 2005, notifying counsel
and the Court of a change of address. Plaintiff states that he had not received conespondence
from the Court or from counsel due to the change of address. Therefore, the Court finds that the
December I3, 2005 letter shows a willingness, by t.he Plaintiff, to proceed with his claims. At
this stage, the Court finds that the Poulis standards for discretionary dismissal have not been met
and therefore, the Court will deny Plair1tiff’s request for sua sponte dismissal.
Sincerel
sr- *99%,. %\
QI SEPH J. FARNAN, JRC
J J Fjrsdk
cc: James Kamara
Clerk, U.S. District Court

Case 1:04-cv-00705-JJF

Document 31

Filed 02/07/2006

Page 1 of 1