Padgett v. Western Southern, et al, No. 3:2003cv01746 - Document 101 (S.D.W. Va. 2010)
Court Description: MEMORANDUM OPINION AND ORDER informing plaintiff that it has until 6/7/2010, to inform the Court if it wishes to proceed with this action. Failure on the part of the plaintiff to do so will result in dismissal of this action for failure to prosecute. Signed by Judge David A. Faber on 5/24/2010. (cc: attys; Vicki Pogue and Sharon D. Rush) (gan)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT HUNTINGTON ESTATE OF CHARLES PADGETT, Plaintiff, v. CIVIL ACTION NO. 3:03-1746 THE WESTERN AND SOUTHERN LIFE INSURANCE COMPANY, et al., Defendants. MEMORANDUM OPINION AND ORDER Pending before the court is defendants motion for dismissal for failure to prosecute. (Doc. # 97). not filed a response to defendants motion. Plaintiff has Furthermore, more than two years have elapsed since plaintiff has taken any action in this case. Accordingly, it appears to the court that the plaintiff has abandoned this action. PLAINTIFF IS HEREBY INFORMED THAT IT HAS UNTIL JUNE 7, 2010, TO INFORM THE COURT IF IT WISHES TO PROCEED WITH THIS ACTION. FAILURE ON THE PART OF PLAINTIFF TO DO SO WILL RESULT IN DISMISSAL OF THIS ACTION FOR FAILURE TO PROSECUTE. The Clerk is directed to send copies of this Memorandum Opinion and Order to counsel of record and unrepresented parties. IT IS SO ORDERED this 24th day of May, 2010. ENTER: David A. Faber Senior United States District Judge
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