Pablo-Meletz v. Hastings Foods, LLC, 102209 NEWC, 0571

• Case Date: October 22, 2009
• Court: Nebraska

MANUAL PABLO-MELETZ, Plaintiff, v. HASTINGS FOODS, LLC and TRAVELERS CASUALTY & SURETY CO., Defendants. No. 0571 DOC 209 Nebraska Workers Compensation October 22, 2009           David R Medina Attorney At Law           Sonya K. Koperski D. Steven Leininger Leininger, Smith, Johnson, Baack, Placzek, Steele & Allen, Attorney at Law           ORDER OVERRULING DEFENDANTS’ MOTION TO DISMISS WITH PREJUDICE           John R. Hoffert, JUDGE          THIS MATTER is before the Court upon defendants’ Motion to Dismiss with Prejudice. Counsel for the parties appeared by telephone. In support of their motion, the defendants offered Exhibits 1 through 4 into evidence. The plaintiff had no objection to the receipt of the tendered materials. Consequently, Exhibits 1 through 4 were received into evidence for purposes of the pending motion only. The plaintiff, in turn, had no evidence to offer in opposition to defendants’ motion.          Argument of counsel was then presented. The Court having had the benefit of same; having reviewed the exhibits offered into evidence; and being otherwise fully advised in the premises, finds as follows.          The basis for the defendants’ Motion to Dismiss with Prejudice is self-evident. The Court in an Order filed on July 31, 2009, ordered the plaintiff to answer defendants’ interrogatories and to respond to defendants’ request for production of documents prior to August 10, 2009 (E2). The plaintiff did serve his answers to interrogatories upon defendants’ counsel on August 12, 2009 (E1). However, as noted by the defendants, the plaintiff did not provide at that time a verification page. Additionally, the plaintiff failed to respond to defendants’ Request for Production of Documents (E4). Consequently, the defendants argue that the plaintiff failed to comply with the terms of the order of the court and should suffer the sanction of a dismissal with prejudice.          The plaintiff, through counsel, represents that...