Brasel et al vs. Weyerhaeuser Company et al
Filing
294
ORDER that the Court finds that the claims of the listed Plaintiffs should be and hereby are DISMISSED pursuant to Fed. R. Civ. P. 41(b) for failure to prosecute. See Order for specifics. Signed by Honorable Susan O. Hickey on January 6, 2014. Rhon da Brasel (Individually and as next friend of Christopher Albright and Nathan Thomas (Name changed from Nathan K. Thomas by Third Amended Complaint), minors), Susan Lynn Cogburn ((Name changed from Susan Cogburn by Third Amended Complaint)), Carl Wayne Davis, Charles Davis, Jessica Nicole Deer, Guy Dowell, Jackie Blake Eudy, Terry Wayne Eudy, Sandi Doylene Green (Individually and as next friend of Jeramy Scott Wickson, Kari Danielle Wickson and Jacob Lee Howard, Minors, and as Administratr ix of the Estates of Jerry Haskell Parker, Deceased & Dakota Randall Wickson, Deceased (estates consolidated from 07-4041)), Bobby J. Harberson, Kelsie King, J. D. Lott (Individually and as Administrator of the Estate of Patsy Ann Young, Deceased (e state consolidated from 07-4041)), Sheryl Lyons, Christine Mann, Lisa Martz, Aldridge A. Parker, Jr ((Name changed from A. A. Parker by Third Amended Complaint)), Kim Parker (Individually and as next friend of Tia Parker, a minor), Lester A. Penni ngton, Jr (Individually and as Administrator of the Estate of Lester Alvin Pennington, Sr., Deceased and the Estate of Sharon Pennington, Deceased (estate consolidated from 07-4041)), Randy Pennington, Roger Robinson, DeAnn Simmons (Individually an d as next friend of Casey Simmons and Justin Simmons, minors), Gary Simmons, Scott Edwin Simmons, Kayla Dawn Sitzes, Stephen Douglas Sitzes, Bethany Smith, Danny Tipton, Angela Vinyard, Jami Vinyard, Judy Walters, Douglas Gene Ward (Individually an d as next friend of Douglas D. Ward (Name changed from Douglas Dwayne Ward by Third Amended Complaint), a minor), Ruth Annette Ward (Individually (Name changed from Ruth A. Ward by Third Amended Complaint) and as next friend of Cody Sitzes (Name ch anged from Cody James Michael Sitzes by Third Amended Complaint) and Heather Nicole Sitzes, minors), Connie Marie Wilkerson (Individually and as next friend of Devin Wilkerson and Leslie Wilkerson, minors), James Wilson, Linda Arnold and Denise Barton terminated. (mfr)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
RHONDA BRASEL, Individually and as
Next Best Friend and Guardian of
Christopher Albright and Nathan K.
Thomas, et al
VS.
PLAINTIFFS
CASE NO. 07-CV-4037
WEYERHAEUSER COMPANY and
DOES 1 through 100
DEFENDANTS
ORDER
On July 13, 2013, the Court entered an Order granting a Motion to Withdraw filed by
Plaintiffs’ attorneys. (ECF No. 281). The Court further ordered Plaintiffs to notify the Court
within 30 days whether they intended to proceed pro se in this matter or with new counsel. The
Court mailed copies of the Order to each Plaintiff. For the following Plaintiffs, the copy of the
Order that was mailed to them was returned to the Court marked “undeliverable” 1 by the U.S.
Postal Service:
1
Linda Arnold, 511 West Third, Dierks, Arkansas 71833
Denise Barton, 818 Main Street, Dierks, Arkansas 71833
Susan Lynn Cogburn, Post Office Box 360, Dierks, Arkansas 71833
Carl Wayne Davis, 289 Pearcy Road, Bonnerdale, Arkansas 71933
Charles Davis, 289 Pearcy Road, Bonnerdale, Arkansas 71933
Jessica Nicole Deer, 9251 Highway 84, Bismarck, Arkansas 71929
Guy Dowell, 296 Polk 6, Wickes, Arkansas 71973
Jackie Blake Eudy, Post Office Box 394, Dierks, Arkansas 71833
Terry Wayne Eudy, Post Office Box 394, Dierks, Arkansas 71833
Sandi Doylene Green, 477 Oak Hill Road, Dierks, Arkansas 71833-952
Bobby J. Harberson, Post Office Box 367, Dierks, Arkansas 71833
Kelsie King, 430 Dunn Road, DeQueen, Arkansas 71832
J. D. Lott, 200 Ballpark Road, Battiest, Oklahoma 74722
Sheryl Lyons, 289 Pearcy Road, Bonnerdale, Arkansas 71933
Christine Mann, 430 Dunn Road, DeQueen, Arkansas 71832
The mail was returned as undeliverable for various reasons, including “no mail receptacle;” “box closed;”
“refused;” “vacant;” “moved, left no address;” etc.
Lisa Martz, 2 Post Office Box 707, Dierks, Arkansas 71833
Aldridge A. Parker, Jr., Post Office Box 608, Dierks, Arkansas 71833
Kim Parker, Post Office Box 608, Dierks, Arkansas 71833
Lester Pennington, Jr., 116 Green Plains Road, Dierks, Arkansas 71833
Randy Pennington, 1209 N Main Street, Nashville, Arkansas 71852-3714
Roger Robinson, Post Office Box 99, Danville, Arkansas 72833
Deann Simmons, Post Office Box 24, Dierks, Arkansas 71933
Gary Simmons, Post Office Box 24, Dierks, Arkansas 71833
Scott Edwin Simmons,3 122 Greyland Road, Lockesburg, Arkansas 71846
Kayla Dawn Sitzes, 608 Holly Avenue, Dierks, Arkansas 71833
Stephen Douglas Sitzes, 608 Holly Avenue, Dierks, Arkansas 71833
Bethany Smith, Post Office Box 608, Dierks, Arkansas 71833
Danny Tipton, 1454 Hwy 70W, Dierks, Arkansas 71833
Angela Vinyard, Post Office Box 183, Dierks, Arkansas 71833-0183
Jami Vinyard, 4 Post Office Box 183, Dierks, Arkansas 71833-0183
Judy Walters, 408 Murray Avenue, Dierks, Arkansas 71833
Douglas Gene Ward, 608 Holly Avenue, Dierks, Arkansas 71833
Ruth Annette Ward, 608 Holly Avenue, Dierks, Arkansas 71833
Connie Marie Wilkerson, Post Office Box 365, Royal, Arkansas 71968
James Wilson, 812 Herman Avenue, Dierks, Arkansas 71833
Rhonda Brasel, 1000 A Brooks Street, New Boston, Texas 75570
On August 20, 2013, the Court ordered certain Plaintiffs in this action to show
cause to the Court why they had not responded to the Court’s July 13, 2013 Order and
why their specific claims against Defendants should not be dismissed. (ECF No. 288).
The Show Cause Order stated that failure to comply would result in dismissal. The Court
mailed copies of the Show Cause Order to each Plaintiff listed in the Show Cause Order
and to each Plaintiff listed above in this Order.
Over five months have passed since the Court entered the Order granting the
Motion to Withdraw filed by Plaintiffs’ attorneys (ECF No. 281), and the above-listed
Plaintiffs have not communicated with the Court regarding their claims. The Court
2
The Court received returned mail addressed to Lisa Martz containing the August 20, 2013 Show Cause Order.
(ECF No. 288). The Court, however, did not receive returned mail for Lisa Martz regarding the July 13, 2013 Order.
3
The Court received returned mail addressed Scott Edwin Simmons containing the August 20, 2013 Show Cause
Order. (ECF No. 288). The Court, however, did not receive returned mail for Edwin Simmons regarding the July 13,
2013 Order.
4
The Court received returned mail addressed to Jami Vinyard containing the August 20, 2013 Show Cause Order.
(ECF No. 288). The Court, however, did not receive returned mail for Jami Vinyard regarding the July 13, 2013
Order.
assumes that the above-listed Plaintiffs also have not attempted to contact their former
attorneys regarding their claims. Upon consideration, the Court finds that the claims of
the above-listed Plaintiffs should be and hereby are DISMISSED pursuant to Fed. R.
Civ. P. 41(b) for failure to prosecute.
IT IS SO ORDERED, this 6th day of January, 2014.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge