In Re Hanford Nuclear Reservation Litigation

Filing 3455

ORDER DISMISSING CERTAIN PRO SE PLAINTIFF'S CLAIMS WITH PREJUDICE; granting 3439 Motion to Dismiss. The claims of pro se Plaintiffs Vivian Sue Rey Dickson, Richelle Hendrix, Elathine A. Marlow, Frederick Nelson, Katherine N. Plager, Elaine M aria Rey, Maybelle Sabedra, Ronald Utz, Sr., and Noreen L. Wynne are Dismissed with Prejudice. Signed by Senior Judge Wm. Fremming Nielsen. (cc: Corrinalyn and Robert Guyette for Maybelle Sabedra, Richelle A. Hendrix, Elathine A. Marlow, Martha J. McNeely electronically at [e-mail], Frederick W. Nelson, Katherine N. Plager, Elaine Maria Rey, Beverly M. Utz, and Noreen L. Wynne) (PL, Case Administrator)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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IN RE HANFORD NUCLEAR
7 RESERVATION LITIGATION,
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No.

2: 91-CV-3015-WFN

ORDER DISMISSING CERTAIN
PRO SE PLAINTIFF'S CLAIMS
WITH PREJUDICE

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Pending before the Court is Defendant's Motion to Dismiss With Prejudice Pursuant

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to Federal Rule of Civil Procedure 41(b) for pro se Plaintiffs Vivian Sue Rey Dickson,

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Richelle Hendrix, Elathine A. Marlow, Frederick Nelson, Katherine N. Plager, Elaine Rey,

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Maybelle Sabedra, Ronald E. Utz, Sr., and Noreen Wynne. ECF No. 3439. Defendants'

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briefing accurately depicts the series of orders and deadlines set by the Court for pro se

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Plaintiffs. The Court warned pro se Plaintiffs that failure to meet deadlines and comply

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with Court orders would likely lead to involuntary dismissal with prejudice. The Court

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held a status conference specifically to address the pro se plaintiffs wherein the Court gave

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Defendants permission to file a motion to dismiss for failure to prosecute and set deadlines

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for responding to the Defendants' allegations that the Plaintiffs named in Defendants'

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Motion failed to comply with this Court's orders and deadlines. None of the named pro se

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Plaintiffs answered the Defendant's motion. None have provided the Court with any

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reason not to grant Defendants' Motion. Given the complete lack of follow through on the

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part of each of the named Plaintiffs the Court feels that there is no other option but to

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dismiss their claims with prejudice. The Hanford litigation has been pending for decades.

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Defendants have a strong interest in resolution of the claims which cannot happen if the

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named Plaintiffs fail to comply with any discovery requirements or Court ordered deadline
ORDER DISMISSING CERTAIN PRO SE
PLAINTIFF'S CLAIMS WITH PREJUDICE - 1

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of any kind. Though the Court would prefer that the cases be determined on their merits,

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such a resolution is impossible if the named pro se Plaintiffs do not meet even the most

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basic requests, such as updating interrogatories and medical provider lists—or even, in the

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case of a few of the named pro se Plaintiffs, confirming their legal right to pursue the

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claims in the first place. The Court has reviewed the file and Defendants' Motion and is

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fully informed. Accordingly,

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IT IS ORDERED that:

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1. Defendants' Motion to Dismiss With Prejudice Pursuant to Federal Rule of Civil

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Procedure 41(b), filed March 21, 2014, ECF No. 3439, is GRANTED.

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2. The claims of pro se Plaintiffs Vivian Sue Rey Dickson, Richelle Hendrix,

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Elathine A. Marlow, Frederick Nelson, Katherine N. Plager, Elaine Maria Rey,

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Maybelle Sabedra, Ronald E. Utz, Sr., and Noreen L. Wynne are DISMISSED WITH

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PREJUDICE.

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The District Court Executive is directed to file this Order and provide copies to

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counsel; Mediator Gary Bloom; AND TO pro se Plaintiffs Corrinalyn and Robert Guyette,

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Richelle A. Hendrix, Elathine A. Marlow, Martha J. McNeely, Frederick W. Nelson,

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Katherine N. Plager, Elaine Maria Rey, Beverly M. Utz, and Noreen L. Wynne.
DATED this 15th day of April, 2014.

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04-09-14

s/ Wm. Fremming Nielsen
WM. FREMMING NIELSEN
SENIOR UNITED STATES DISTRICT JUDGE

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ORDER DISMISSING CERTAIN PRO SE
PLAINTIFF'S CLAIMS WITH PREJUDICE - 2