Omaha Nebraska Motion by Defendant to Dismiss with Prejudice for Failure to Prosecute

State:
Multi-State
City:
Omaha
Control #:
US-02698BG
Format:
Word; 
Rich Text
Instant download

Description

Rule 41(b) of the FRCP states:


If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to dismiss the action or any claim against it. Unless the dismissal order states otherwise, a dismissal under this subdivision (b) and any dismissal not under this rule - except one for lack of jurisdiction, improper venue, or failure to join a party under Rule 19 - operates as an adjudication on the merits.


The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. For example, the Pennsylvania Rules of Civil Procedure state:


Rule 1901. Prompt disposition of matters; termination of inactive cases.


(a) General policy.-It is the policy of the unified judicial system to bring each pending matter to a final conclusion as promptly as possible consistently with the character of the matter and the resources of the system. Where a matter has been inactive for an unreasonable period of time, the tribunal, on its own motion, shall enter an appropriate order terminating the matter.

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FAQ

Omaha Is the Steak Capital of Nebraska The state of Nebraska is known for its beef, and is even nicknamed the "Beef State." Omaha is Nebraska's steak capital, as it's home to one of the country's largest producers of beef, Omaha Steaks.

Prostitution was a major component of the city's flourishing vice industry during the late 1800s and early 1900s, when Omaha was known as a ?dirty wicked town.? Today's Wilson and Washburn Bar downtown is named for its two leading madams.

Omaha is Nebraska's biggest city and a regional manufacturing, transportation, trade, and service hub. From the 1890s through the mid-20th century Omaha emerged as one of the top livestock markets in the world and a leader in the meat-processing industry.

Presently, Omaha is the home to the headquarters of four Fortune 500 companies: conglomerate Berkshire Hathaway; one of the world's largest construction companies, Kiewit Corporation; insurance and financial firm Mutual of Omaha; and the United States' largest railroad operator, Union Pacific Corporation.

Steak. Omaha is known around the country as one of the best sources for steak. This is mostly due to the fact that beef is Nebraska's single largest industry, and Omaha has been the country's meatpacking center since the 1950s.

The cost of living in Omaha, NE is 3% higher than the state average and 7% lower than the national average. Omaha, NE housing is 15% cheaper than the U.S average, while utilities are about 5% less pricey.

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Omaha Nebraska Motion by Defendant to Dismiss with Prejudice for Failure to Prosecute