White v. The NIF Corporation

Filing 108

ORDER: This action as to Leslye Goff is DISMISSED without prejudice pursuant to Rule 41(b). Signed by District Judge William H. Steele on 5/25/2017. Copy mailed to Leslye Goff. (tgw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
KATHERINE WHITE, etc.,
)
)
Plaintiff,
)
)
v.
) CIVIL ACTION 15-0322-WS-N
)
THE NIF CORPORATION, etc.,
)
)
Defendant.
)
ORDER
On May 3, 2017, Magistrate Judge Nelson granted the motion of plaintiffs’
counsel to withdraw as counsel of record for plaintiff Leslye Goff in this action
under the Fair Labor Standards Act (“FLSA”). (Doc. 105). Counsel’s filings
reflect Goff’s long history of non-communication with counsel. (Doc. 102 at 1-2).
That trend has continued unabated in the past three weeks.
Judge Nelson ordered Ms. Goff, no later than May 17, 2017, either to have
new counsel enter a notice of appearance or to file a written notice confirming
whether she will continue to prosecute this action on her own. (Doc. 105 at 2).
Ms. Goff received this order by certified mail, (Doc. 107), but she has failed to
comply with it. Ms. Goff was warned in the order that “her failure to comply with
this directive will be deemed abandonment of this action and will result in the
entry of a recommendation that her case be dismissed for failure to prosecute and
obey the Court’s orders.” (Doc. 105 at 2).
Under these circumstances, Ms. Goff’s silence can only be construed as a
purposeful abandonment of her lawsuit and a willful refusal to comply with a
known and simple Court order. Accordingly, and pursuant to Rule 41(b), this
action as to Ms. Goff is dismissed without prejudice.
DONE and ORDERED this 25th day of May, 2017.
s/ WILLIAM H. STEELE
UNITED STATES DISTRICT JUDGE