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Plantz v. Wal-Mart Stores East LP

Superior Court of Delaware

January 4, 2019

RICKY PLANTZ, Plaintiff,
v.
WAL-MART STORES EAST LP, Defendant.

          Submitted: December 19, 2019

         Upon Defendant's Motion to Dismiss GRANTED

          ORDER

          The Honorable Andrea L. Rocanelli, Judge.

         Upon 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:

         1. On 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.

         2. On October 6, 2017, Defendants filed an Answer, Interrogatories, and a Request for Production Directed to Plaintiff. No response to discovery was received.

         3. On 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.

         4. On 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.

         5. On 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.

         6. On 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.

         7. By Order dated October 30, 2018, the Court granted the motion to withdraw as counsel filed by Plaintiff's counsel.

         8. On 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.

         9. By Letter dated December 4, 2018, the Court set a deadline of December 18, 2018 for Plaintiff's ...


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