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Lula Fitzgerald v. Red Roof Inn

November 29, 2012

LULA FITZGERALD
v.
RED ROOF INN, INC., ET AL



The opinion of the court was delivered by: Steven J. McAuliffe United States District Court

NOTICE OF RULING / ORDER

Re: Document No. 17, Motion to Dismiss Ruling: Granted, in part. The docket does disclose an apparent determination by plaintiff to abandon her claims. Dismissal, particularly with prejudice, is a strong remedy, however, and plaintiff's circumstances, as pled, are such that the matter ought to be clear (particularly given the absence of any violations of orders to compel discovery, etc.).

Accordingly, plaintiff shall show cause on or before December 16, 2012, why this case should not be dismissed for failure to prosecute. Failure to respond in a timely fashion, i.e. on or before December 16, 2012, will result in dismissal with prejudice for failure to prosecute and failure to comply with court orders.

So ordered.

cc:

20121129

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