Fulce v. Blue Cross and Blue Shield of Arkansas, Inc.

Filing 12

ORDER granting Defendant's 10 Motion to Dismiss for Lack of Prosecution as set forth. The Court Clerk is directed to ensure Plaintiff's former counsel receives a copy of this order. Mr. Walker is to provide a copy of this order to the Plaintiff at her last known address. Signed by Honorable Paul K. Holmes, III on July 27, 2011. (mfr)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
SANDRA L. FULCE
v.

PLAINTIFF
Case No. 4:10-CV-04185

BLUE CROSS AND BLUE SHIELD OF
ARKANSAS, INC.

DEFENDANT

O R D E R
Currently before the Court is Defendant’s Motion to Dismiss
for Lack of Prosecution. (Doc. 10). On June 3, 2011, the Court
entered an order permitting Plaintiff’s counsel to withdraw. (Doc.
9). The Court granted Plaintiff until June 24, 2011 to retain new
counsel or to advise the Court if she intended to proceed pro se.
The Court further advised Plaintiff that her failure to comply with
that order might result in the dismissal of her action. Plaintiff’s
former counsel, John Walker, was directed to provide Plaintiff with
a copy of the Court’s order. Mr. Walker has substantiated to the
Court that he both emailed Plaintiff a copy and sent a copy via
certified mail. It appears that Plaintiff refused acceptance of the
copy sent via certified mail.
As of this date, Plaintiff has not complied with the Court’s
order or communicated to the Court in any way that she intends to
proceed with this action.

Accordingly, IT IS HEREBY ORDERED that

Defendant’s Motion to Dismiss (Doc. 10) is GRANTED. Plaintiff’s
case is hereby DISMISSED WITHOUT PREJUDICE on the grounds that she
has failed to prosecute it and has failed to comply with Court

orders.

See Fed. R. Civ. P. 41(b).

Should Plaintiff re-file this

action, Defendant may petition the Court to require the Plaintiff
to show good and adequate cause for their failure to prosecute the
instant action before they are allowed to proceed with a second
action.
The Court Clerk is directed to ensure Plaintiff’s former
counsel, John Walker, receives a copy of this order.

Mr. Walker is

directed to provide a copy of this order to Plaintiff at her last
known address.

IT IS SO ORDERED this 27th day of July 2011.

/s/Paul K. Holmes, III
PAUL K. HOLMES, III
UNITED STATES DISTRICT JUDGE