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Delach v. General Insurance Co.

United States District Court, Seventh Circuit

January 24, 2014

Delach, Plaintiff,
v.
General Insurance Company, Defendant.

ORDER

VIRGINIA M. KENDALL, District Judge.

Defendant General Insurance Company's Motion to Dismiss [Dkt. No. 9] is granted without prejudice. Because Plaintiff Raymond Delach's Complaint seeks to compel an arbitration process that is currently on-going: discovery is being conducted and the arbitrators have been selected. Plaintiff has therefore failed to state a claim upon which relief can be granted pursuant to Fed.R.Civ.P 12(b)(6). Moreover, aside from filing an appearance, counsel for the Plaintiff has failed to prosecute this case-he did not file a Response to the Motion to Dismiss and failed to appear for the Initial Status Hearing scheduled for January 8, 2014. See Kirksey v. R.J. Reynolds Tobacco Co. , 168 F.3d 1039, 1041 (7th Cir. 1999) (finding the plaintiff defaulted for failing to respond to defendant's motion to dismiss). The Plaintiff may reinstate his claim within 90 days from today if the Defendant reverses course and declines to continue participating in the arbitration.


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