Brodnik v. Lanham et al, No. 1:2011cv00178 - Document 154 (S.D.W. Va. 2023)

Court Description: 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)

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Brodnik v. Lanham et al Doc. 154 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. Dockets.Justia.com 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 2

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