Order 7/14/00

ABORTION INDUSTRY IN MELBOURNE, FLORIDA
LAWSUITS
MANHATTAN V UNTERBURGER
DOCKET / CHRONOLOGICAL FILE
Order 7/14/00

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 99:8164-CIV-HURLEY

MANHATTAN MAGNOLIA CORP., et al.,
Plaintiff,
vs.
RAYMOND UNTERBERGER, et al.,
Defendant.

ORDER GRANTING DEFENDANTS' THIRD RENEWED MOTION TO DISMISS AND CLOSING CASE

THIS CAUSE is before the court upon defendants' third renewed motion to dismiss plaintiff's complaint for failure to comply with the local rules of the Southern District of Florida and this court's specific order. Plaintiffs have not responded to the motion.

On February 29, 2000, shortly after a status conference in this matter, the court issued an omnibus order that, inter alia, stayed the case, ordered Roy Lucas, Esq., plaintiffs' attorney, to comply with the local rules governing attorney admission by obtaining local counsel, and directed Mr. Lucas to file a verified pleading detailing the Florida cases in which he has appeared pro hac vice since January 1, 1998. Local counsel appeared on Plaintiffs' behalf on March 21, 2000, but was granted leave to withdraw two months later on May 23, 2000. To date, no new local counsel has appeared. Even more disconcerting, Mr. Lucas has failed to obey the court's previous order by filing a pleading listing the Florida cases in which he has participated as an attorney. By so doing, Mr. Lucas has prevented the court from meaningfully assessing whether, as defendants strenuously contend, he has abused the privilege of appearing pro hac vice in the federal courts of Florida.

The court has the power to dismiss a case for failure to comply with the rules of the court or an order pursuant to Federal Rule of Civil Procedure 41. In this case, Mr. Lucas has failed to comply with the local rules regarding attorney admission, has disobeyed an order of the court, and has failed to respond to this instant motion. For all these reasons, dismissal is appropriate.

Accordingly, it is hereby, ORDERED and AJUDGED:

1. Defendants' third renewed motion to dismiss [DE#61] is GRANTED.

2. This case is DISMISSED without prejudice.

3. The Clerk of the Court shall CLOSE the case and TERMINATE any pending motions [DE#58] as moot.

DONE and SIGNED in Chambers at West Palm Beach, Florida, this 14th day of July, 2000.

Daniel T. K. Hurley (signed)
United States District Judge

Copies furnished to:
Roy L. Lucas, Esq.
Charles P. Scheeler, Esq.
John P. Manno, Esq.
Frederick Nelson, Esq.