Laney v. Secretary of Health and Human Services

L REISSUED FOR PUBLICATION

JAN 5 2017 OSM

U.S. COURT OF FEDERAL CLAIMS ]n tbe mlntteb ~tates <!Court of jfeberal <!Claims

OFFICE OF SPECIAL MASTERS No. l4-984V r--· ~LED

Filed: December 9, 2016

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. ,, ... ************* * GAENA MARIA LANEY, * U.S. CuCRT Of=

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*

Petitioner, * Dismissal; Failure to Prosecute;

* Failure to Follow Court Orders. v. *

*

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

*

Respondent. *

* * * * * * * * * * * * * * Gaena Laney, pro se, Greenbrier, TN Adriana Teitel, United States Department ofJustice, Washington, DC, for respondent.

DECISION DISMISSING PETITION 1

Roth, Special Master:

On October 14, 20 14, petitioner filed a petition for compensation in the National Vaccine Injury Compensation Program,2 alleging that she was injured by a vaccine listed on the Vaccine Injury Table. See generally, Petition, ECF No. 1. At that time, petitioner was represented by counsel. Counsel subsequently filed a motion to be relieved, which was granted on March 17, 2016. See Unopposed Motion to Withdraw as Attorney, filed February 17. 2016, ECF No. 37; Order, issued March 17, 20 16, ECF No. 38.

On May 4, 2016, the undersigned held a status conference with Ms. Laney and respondent's counsel; at this time, petitioner advised the Court that she was in the process of looking for alternative counsel. Following that status conference, the undersigned issued an order requiring petitioner, Ms. Gaena Laney, to file a Status Report by no later than July 5, 2016, updating the Court on her progress in retaining a new attorney. A list of attorneys experienced in the Vaccine Program was attached to the order, which was forwarded to petitioner by mail. Status Report Order, issued May 4, 20 16, ECF No. 41.

On August 25, 2016, chambers staff contacted Ms. Laney via email at gaenagi [email protected], requesting that she submit the required Status Report as soon as possible. Ms. Laney did not respond to this communication. On September 9, 2016, the undersigned issued an order setting a status conference for Tuesday, October 25, 2016, at 2:00 pm. Status Conference Order, issued September 9, 2016, ECF No. 49. Chambers staff attempted to contact M s. Laney, via the telephone number as listed on the case docket, three times on October 25: at 2:00 pm. 2:20 pm, and fin ally at 3:00 pm. Ms. Laney did not answer any of these calls. J\ message was left for Ms. Laney to contact chambers. There was no contact from the petitioner.

On October 31, 2016, the undersigned issued an Order to Show Cause, requiring petitioner to file a status report or otherwise show cause for why her case should not be dismissed for fail ure to prosecute, by no later than Tuesday, December 6, 20 16. Petitioner was advised that failure to respond to court orders would result in the dismissal of her claim. Petitioner did not file a status report, nor did she contact the Court in any way to indicate that she still intended to prosecute her case.

It is petitioner's duty to prosecute her case, and to follow court orders. Tsekouras v. Sec'y, HHS, 26 Cl. Ct. 439 ( 1992), aff'dper curiam, 991 F.2d8 10 (Fed. Cir. 1993); Sapharas v. Sec'y, HHS, 35 Fed. Cl. 503 (1996); Vaccine Rule 2 l (b). Accordingly, this case is dismissed for failure to prosecute and failure to follow courts orders. The clerk shall enter judgment accordingly.

IT IS SO ORDERED.