Brodnik v. Lanham et al

Filing 154

MEMORANDUM OPINION AND ORDER scheduling a Status Conference for 5/8/2023 at 11:30 AM in Bluefield before Senior Judge David A. Faber. Signed by Senior Judge David A. Faber on 4/10/2023. (Attachment: # 1 Certified Mail Receipt as to Dr. Brodnik) (cc: Dr. Brodnik at 150 Courthouse Rd., Suite 202, Princeton, WV 24740 by certified mail, return receipt; counsel of record; unrepresented parties) (mk)

Case 1:11-cv-00178 Document 154 Filed 04/10/23 Page 1 of 2 PageID #: 1008

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
RANDY MICHAEL BRODNIK, D.O.,
Plaintiff,
v.

Civil Action No. 1:11-00178

ROBERT LANHAM, et al.,
Defendants.
MEMORANDUM OPINION AND ORDER
On December 5, 2022, the court granted the motion of Paul J.
Harris to withdraw as counsel for plaintiff.

(ECF No. 150).

That order further directed that, within thirty (30) days of
entry of the order, “Dr. Brodnik should inform the court if he
intends to obtain counsel to represent him in this matter or if
he will proceed pro se.”

Id.

The Clerk was directed to send a

copy of the order to Dr. Brodnik, via certified mail return
receipt requested, at the address provided by Mr. Harris.

See

id.
More than thirty days elapsed and the court did not hear
from Dr. Brodnik.

Nor did the court receive a return receipt

indicating that Dr. Brodnik received the order.

Thereafter, by

Order entered February 10, 2023, the court extended the time by
which Dr. Brodnik was to inform the court of his intent to either
obtain new counsel or proceed pro se.

That order gave Dr.

Brodnik an additional thirty (30) days to inform the court if he
intended to obtain counsel or would proceed pro se.

Case 1:11-cv-00178 Document 154 Filed 04/10/23 Page 2 of 2 PageID #: 1009

Documentation from the post office indicates that someone signed
for the court’s order on February 13, 2023 at Dr. Brodnik’s place
of business.

See ECF No. 153.

Plaintiff did not inform the court of his intentions within
the required time period, nor has he done so as of this date.

It

appearing proper to the court to do so, the court hereby
SCHEDULES a status conference for Monday, May 8, 2023, at 11:30
a.m., in Bluefield.

If neither Dr. Brodnik nor an attorney

acting on his behalf attend this conference, the court will
entertain a motion pursuant to Fed. R. Civ. P. 41(b), i.e.,
FAILURE ON THE PART OF DR. BRODNIK OR AN ATTORNEY ON HIS BEHALF
TO ATTEND THIS CONFERENCE MAY RESULT IN DISMISSAL OF THIS ACTION.
The Clerk is directed to send a copy of this Memorandum
Opinion and Order to counsel of record and unrepresented parties.
The Clerk is likewise to send a copy of this Order, as well as
ECF No. 150, to Dr. Brodnik at 150 Courthouse Rd., Suite 202,
Princeton, WV 24740, certified mail return receipt requested.
IT IS SO ORDERED this 10th day of April, 2023.
ENTER:
David A. Faber
Senior United States District Judge

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