Lawrence et al v. Gaarder et al

Filing 54

MEMORANDUM AND ORDER granting 48 defendants' Motion to Dismiss Alisha Lawrence. Signed by District Judge J. Thomas Marten on 4/8/14. Mailed to pro se party Alisha Lawrence by regular mail. (mss)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

Bretland R. Lawrence and Alisha
Lawrence,
Plaintiffs,
vs.

Case No. 13-2102-JTM

Robert O. Gaarder and Dibben Land and
Cattle Inc.,
Defendants.

MEMORANDUM AND ORDER

On June 1, 2010, according his Complaint in this action, plaintiff Bretland Lawrence
suffered injuries when his car was struck by a semi-truck driven by Robert Gaarder and
owned by Dibben Land and Cattle, Inc. in Geary County, Kansas. Lawrence seeks to
recover for his personal injuries, including “impaired mobility, mental anguish, pain,
disability, trauma and emotional and mental distress,” as well as “a loss of ability to enjoy
life, lost opportunities and loss of enjoyment of life,” and “substantial expenses” for
medical care. (Dkt. 1 at ¶ 28, 29).
The Complaint also includes some claims brought on behalf of Lawrence’s wife
Alisha, for out-of-pocket medical expenses (id. at ¶ 30, 41, 48, 57), loss of consortium (id. at

¶ 52), and the value of her nursing services. Alisha Lawrence was not present at the
accident.
The defendants have moved to dismiss the claims of Alisha Lawrence for lack of
prosecution.
Both Bretland and Alisha Lawrence were originally represented by three attorneys.
Two of these attorneys sought leave to withdraw after Alisha Lawrence refused to discuss
the case with them, and moved to an unknown address. (Dkt. 31). The court granted leave
to withdraw. (Dkt. 34). A copy of this Memorandum and Order was sent by certified mail
to her last known address. The notice was returned unclaimed. (Dkt. 35).
The remaining attorney sought leave to withdraw, representing that Alisha
Lawrence “has not cooperated with the prosecution of the case” and had not responded
to any attempts at communication. (Dkt. 37). The court granted leave to withdraw. (Dkt.
40).
The matter is now before the court on the defendants’ motion to dismiss Alisha
Lawrence’s claims for lack of prosecution. The motion notes that Alisha Lawrence failed
to appear at the scheduled February 20, 2014 deposition. (Dkt. 48).
Alisha Lawrence has filed no response to the defendants’ motion. Bretland
Lawrence, who is represented by counsel and continues to actively prosecute his claims,
has filed no opposition to the motion. Accordingly, for good cause shown and pursuant to
D.Kan.R. 7.4, the defendants’ Motion to Dismiss (Dkt. 48) is hereby granted.

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IT IS SO ORDERED this 8th day of April, 2014.

s/ J. Thomas Marten
J. THOMAS MARTEN, JUDGE

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