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Gates v. DaimlerChrysler Motors Co.

February 27, 2007

CURTIS ANTHONY GATES AND SHARON GATES PLAINTIFFS
v.
DAIMLERCHRYSLER MOTORS COMPANY, L.L.C. D/B/A DAIMLERCHRYSLER MOTORS COMPANY, L.L.C. OF DELAWARE F/K/A DAIMLERCRYSLER MOTORS CORPORATION DEFENDANT



The opinion of the court was delivered by: Wm. R. Wilson, Jr. United States District Judge

ORDER

Pending is Defendant's Motion to Dismiss (Doc. No. 24). Plaintiff has responded (Doc. No. 26).

Defendant argues that this case should be dismissed under Fed. R. Civ. P. 41(b) because Plaintiffs have failed to comply with its discovery requests. "Dismissal with prejudice is an extreme sanction and should be used only in cases of wilful disobedience of a court order or . . . persistent failure to prosecute a complaint."*fn1 Defendant has presented no such evidence. Plaintiff has shown that any delay is discovery was due to a back injury sustained by Plaintiffs' counsel. Accordingly, Defendant's Motion is DENIED.

IT IS SO ORDERED this 27th day of ...


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