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Kaye v. Allstate Insurance Company, 4:17-cv-000117-KGB. (2019)

Court: District Court, E.D. Arkansas Number: infdco20190715513 Visitors: 22
Filed: Jul. 12, 2019
Latest Update: Jul. 12, 2019
Summary: ORDER KRISTINE G. BAKER , District Judge . Before the Court is defendant Allstate Insurance Company's ("Allstate") expedited motion for sanctions and supplement to its motion for sanctions (Dkt. Nos. 17, 25). In its supplement to the motion for sanctions, Allstate requests that the Court dismiss this case because Mr. Kaye repeatedly failed to fulfill his discovery obligations (Dkt. No. 25, at 6). On May 6, 2019, the Court entered a Show Cause Order ordering plaintiff Arthur A. Kaye to fil
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ORDER

Before the Court is defendant Allstate Insurance Company's ("Allstate") expedited motion for sanctions and supplement to its motion for sanctions (Dkt. Nos. 17, 25). In its supplement to the motion for sanctions, Allstate requests that the Court dismiss this case because Mr. Kaye repeatedly failed to fulfill his discovery obligations (Dkt. No. 25, at 6).

On May 6, 2019, the Court entered a Show Cause Order ordering plaintiff Arthur A. Kaye to file a written response within ten days from the entry of that Order to show cause why the Court should not dismiss without prejudice this litigation for lack of prosecution (Dkt. No. 28, at 2). The Court also informed Mr. Kaye that, given the claims he brings, a dismissal without prejudice likely will operate effectively as a dismissal with prejudice of certain of his claims (Id.). Mr. Kaye was advised that his failure to respond to the Show Cause Order may result in the dismissal of this lawsuit for lack of prosecution (Id.). Mr. Kaye failed to file any response, formally or informally.

As of the date of this Order, Mr. Kaye has not complied with the Court's Order from May 6, 2019. Accordingly, Allstate's expedited motion for sanctions and supplement to its motion for sanctions are granted in part (Dkt. Nos. 17, 25). The Court dismisses without prejudice this action.

So ordered.

Source:  Leagle

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