Free Order on Motion to Dismiss/Lack of Prosecution - District Court of Delaware - Delaware

Case 1:04-cv-00419-JJF Document 75 Filed 03/21/2007 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CATHY D. BROOKS—MCCOLLUM, ;
Plaintiff, ;
v. ; Civil Action No. 04-419 JJF
STATE FARM INSURANCE COMPANY, ;
Defendant. ;
QRDE
WHEREAS, on February 28, 2007, Defendant filed a Motion To
Dismiss (D.I. 74) requesting the Court to dismiss this action as
a sanction for Plaintiff’s failure to cooperate in submitting a
pretrial order in accordance with D. Del. Local Rule 16.4;
WHEREAS, in light of the Third Circuit’s preference that a
case be resolved on the merits, seg Scarborough v. Eubanks,747
F.2d 871, 878 (Bd. Cir. 1984), dismissal of the action at this
juncture would be an extraordinary sanction;
NOW THEREFORE, IT IS HEREBY ORDERED that Defendant’s Motion
To Dismiss (D.I. 74) is DENIED without prejudice.
IT IS FURTHER ORDERED that a pretrial conference will be
held on Thursday, May 10, 2007, at 12:00 p.m. The parties shall
confer and submit a joint proposed pretrial order on or before
Wednesday, April 18, 2007. Failure to do so may result in
dismissal of the action in accordance with D. Del. L. R. 16.4.
March 2007 ..»
U%;nED SIATES-DISTRICT- .IGE

Case 1:04-cv-00419-JJF

Document 75

Filed 03/21/2007

Page 1 of 1