Submitted: December 19, 2019
Defendant's Motion to Dismiss GRANTED
Honorable Andrea L. Rocanelli, Judge.
consideration of the motion to dismiss filed by Defendant
Wal-Mart Stores East LP ("Defendant"); the facts,
arguments and legal authorities set forth by Defendant;
statutory and decisional law; and the entire record in this
case, the Court finds as follows:
July 15, 2017, Plaintiff Ricky Plantz ("Plaintiff")
brought this action against Defendant claiming that Defendant
was negligent in its care of the premises at the Wal-Mart
store located at 939 N. DuPont Boulevard, Milford, Delaware.
Plaintiff alleges that on August 17, 2016, Plaintiff slipped
and fell on debris on the floor inside of the store, and as a
result, suffered personal injuries.
October 6, 2017, Defendants filed an Answer, Interrogatories,
and a Request for Production Directed to Plaintiff. No
response to discovery was received.
March 19, 2017, Defendant filed a Notice of Deposition for
Plaintiff scheduled for May 11, 2018. Plaintiff's Defense
Medical Exam ("DME") was scheduled for May 9, 2018,
in order to accommodate Plaintiff's travel to Delaware.
Plaintiff failed to appear for both the DME and the
deposition as scheduled.
June 21, 2018, Defendant filed a Re-Notice of Deposition for
Plaintiff scheduled for August 1, 2018. Plaintiff was also
notified that a DME was scheduled that same day. Plaintiff
failed to appear as scheduled.
August 8, 2018, Defendant filed a Motion to Compel the
deposition of Plaintiff and Motion for Sanctions in
connection with expenses incurred by Defendant for the missed
deposition and missed DME.
September 14, 2018, following a hearing on Defendant's
motion, the Court entered an Order directing Plaintiff to
appear for a deposition as scheduled by the parties on
October 2, 2018, and a DME on a date to be determined.
Plaintiff failed to appear for the deposition as scheduled.
Order dated October 30, 2018, the Court granted the motion to
withdraw as counsel filed by Plaintiff's counsel.
December 4, 2018, Defendant moved to dismiss this action
pursuant to Superior Court Rule of Civil Procedure 41(b)
("Rule 41(b)") for failure to prosecute the action
and failure to comply with an order of the Court.
Letter dated December 4, 2018, the Court set a deadline of
December 18, 2018 for Plaintiff's ...