Brodnik v. Lanham et al

Filing 157

MEMORANDUM OPINION AND ORDER Pursuant to the hearing held on 5/8/2023, and for reasons placed on the record at the hearing, the court GRANTED defendants' motion to dismiss this action with prejudice based on plaintiff's failure to prosecute. Signed by Senior Judge David A. Faber on 5/18/2023. (Attachment: # 1 Dr. Brodnik Certified Mail Receipt) (cc: counsel of record; Dr. Brodnik by certified mail, return receipt requested) (arb)

Case 1:11-cv-00178 Document 157 Filed 05/18/23 Page 1 of 2 PageID #: 1013

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 May 8, 2023, the court conducted a status conference in
the above-captioned case which was scheduled by the court’s Order
of April 10, 2023.

In its Order, the court informed plaintiff

that if neither he nor an attorney acting on his behalf attended
this conference, the court would entertain a motion pursuant to
Fed. R. Civ. P. 41(b), i.e., that failure on the part of Dr.
Brodnik or an attorney on his behalf to attend this conference
may result in dismissal of this action.
Present at the hearing were Beatriz Saiz and William S.
Winfrey, II, counsel for defendants.

Neither Dr. Brodnik nor an

attorney on his behalf were present.

Whereupon defendants moved,

pursuant to Fed. R. Civ. P. 41(b), that the action be dismissed
with prejudice because of plaintiff’s failure to prosecute or to
comply with the order(s) of the court.

For reasons placed on the

record at the hearing, the court GRANTED defendants’ motion and
DISMISSED this action with prejudice based on plaintiff’s failure
to prosecute.

A separate Judgment Order of even date herewith

will be entered.

Case 1:11-cv-00178 Document 157 Filed 05/18/23 Page 2 of 2 PageID #: 1014

The Clerk is directed to send a copy of this Memorandum
Opinion and Order to counsel of record.

The Clerk is likewise to

send a copy of this Order to Dr. Brodnik at 150 Courthouse Rd.,
Suite 202, Princeton, WV 24740, certified mail return receipt
requested.
IT IS SO ORDERED this 18th day of May, 2023.
ENTER:

David A. Faber
Senior United States District Judge

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