CHARLESTON – A federal judge has dismissed a lawsuit after a motion to dismiss was filed for failure to participate in discovery and failure to prosecute.
The Aug. 10 judgment order states that the lawsuit was ordered to be dismissed without prejudice and stricken from the docket of the court.
In the memorandum opinion and order U.S. District Judge John T. Copenhaver Jr. wrote that Barbara Dixon failed to contact her attorney, failed to appear at a hearing and, despite letters sent to her home address, she failed to communicate with the court.
Dixon filed the civil action on May 25, 2016, alleging that she was discharged by Live Nation Worldwide, which is doing business as Ticketmaster in violation of the West Virginia Human Rights Act.
A letter sent in May to Dixon summarized the history of the proceedings and emphasized that Dixon’s obligation to respond to the defendant’s first set of discovery, and noted that if she did not participate in discovery, the defendant would seek dismissal.
“The court finds that, when weighing the above factors, dismissal of the action is warranted for Ms. Dixon’s failure to prosecute the case,” the memo states.
The memo states that Dixon has not been in contact with her former counsel, opposing counsel or the court since Dec. 29, despite repeated attempts to contact her.
Accordingly, the court orders that the defendant’s motion to dismiss be, and it herby is, granted for the plaintiff’s failure to prosecute this action.
Dixon was employed by the defendant and started in the mail room, where she worked for one month and was then approached with the opportunity for an internship in Human Resources. In February 2015, the plaintiff was hired full time as the Human Resources coordinator.
In September 2015, Dixon began suffering from a bronchial ailment, sought medical treatment and was placed on vocal rest. In mid-December 2015, the plaintiff’s bronchial ailment returned and she presented a note from her doctor to her supervisor indicating that she was being placed vocal rest.
The plaintiff’s supervisor rejected the note and advised her she needed more detailed information.
On Jan. 15, 2016, the plaintiff’s employment was terminated.
U.S. District Court for the Southern District of West Virginia case number: 2:16-cv-05681
