Joyner v. Kmart Corporation

Full title: DORIS L. JOYNER, Plaintiff, v. KMART CORPORATION Defendant

Court: Superior Court of Delaware, New Castle County

Date published: Apr 13, 2005

C.A. No. 04C-03-140 PLA (Del. Super. Ct. Apr. 13, 2005)

Opinion

C.A. No. 04C-03-140 PLA.

Submitted: April 13, 2005.

Decided: April 13, 2005.

UPON DEFENDANT'S MOTION TO DISMISS.

GRANTED

Doris L. Joyner, Pro se.

Roger D. Landon and Phillip T. Edwards, Murphy Spadaro Landon, Wilmington, Delaware, Attorneys for Defendant.

PEGGY L. ABLEMAN, Judge.

ORDER

Defendant Kmart Corporation ("Kmart") filed its Motion To Dismiss on December 22, 2004. The Court scheduled a hearing on the Motion for April 15, 2005. The due date for Plaintiff's Response was the standard four days before the hearing, on April 11, 2005. As of today, neither a response nor a request for an extension of time has been filed. Pursuant to the Superior Court for New Castle County Civil Case Management Plan § IV §§ A(3)(b), "[i]f no response [to a dispositive motion] is filed by the due date, the motion will be deemed unopposed." Defendant's Motion To Dismiss is hereby GRANTED.

IT IS SO ORDERED.