Akers v. The Dow Chemical Company, Inc., No. 2:2022cv00116 - Document 9 (S.D.W. Va. 2022)
Court Description: MEMORANDUM OPINION AND ORDER directing that the letter received from Mr. Akers' counsel, Walton S. Shepherd, III, via electronic mail on 5/31/2022, be filed on the docket; Defendant's 4 Motion to Dismiss, unopposed by Mr. Akers, is GRANTED, and this case is dismissed. Signed by Senior Judge John T. Copenhaver, Jr. on 6/2/2022. (cc: counsel of record; any unrepresented parties) (btm)
Download PDF
<![CDATA[
Akers v. The Dow Chemical Company, Inc. Doc. 9 Case 2:22-cv-00116 Document 9 Filed 06/02/22 Page 1 of 2 PageID #: 52 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON RUSSELL R. AKERS, Plaintiff, v. Civil Action No. 2:22-cv-00116 THE DOW CHEMICAL COMPANY, INC., Defendant. MEMORANDUM OPINION AND ORDER Pending is Defendant The Dow Chemical Company Inc.’s motion to dismiss (ECF 4), filed March 10, 2022, to which Plaintiff Russell R. Akers filed no response. On May 31, 2022, court staff received a letter from Mr. Akers’ counsel, Walton S. Shepherd, III, via electronic mail, which states that despite the good faith efforts of Mr. Shepherd, Mr. Akers “is unable to prove and establish a viable claim due to the passage of time and the uncertainty of [Mr. Akers’] medical providers, and therefore poses no objection to the Defendant’s Motion [t]o Dismiss.” It is ORDERED that such letter be, and hereby is, filed on the docket. Dockets.Justia.com Case 2:22-cv-00116 Document 9 Filed 06/02/22 Page 2 of 2 PageID #: 53 Deeming the Defendant’s motion to dismiss unopposed by Mr. Akers, the court ORDERS that the motion (ECF 4) be, and it hereby is, GRANTED, and this case is dismissed. The Clerk is directed to transmit copies of this order to all counsel of record and any unrepresented parties. ENTER: June 2, 2022 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
