Food Perfect, Inc. v. United Fire & Casualty Co.

|)At issue is whether plaintiffs suit has been abandoned. The undisputed facts indicate the last activity on the record occurred on June 4, 2008. In March 2009, plaintiff met with a representative of defendant to determine if there was any possibility of resolving the case. In addition, plaintiff had several conversations with defendant’s representatives following this meeting. On April 13, 2012, defendant filed a motion to dismiss, arguing plaintiff abandoned the case pursuant to La.Code Civ. P. art. 561. Although the district court initially granted the motion, it later set aside that…