IN THE CIRCUIT COURT OF
RALEIGH COUNTY,
WEST VIRGINIA
CIVIL ACTION NO. 18-C-486-D
Judge Dimlich
ANTHONY HARBISON,
Plaintiff,
v.
MINT JULEP
RESTAURANTS, LLC
and DARDEN RESTAURANTS,
Defendants.
ORDER OF PUBLICATION
Upon Motion of Mint Julep Restaurants, LLC, for an Order directing that service of Mint Julep Restaurants, LLC’s Motion to Dismiss for Failure to Prosecute Pursuant to Rule 41(b) of W.V.R.C.P. be made by publication, and for good cause shown, said Motion is, hereby, GRANTED.
It is, accordingly, ORDERED, ADJUDGED and DECREED that service of Mint Julep Restaurants, LLC’s Motion to Dismiss for Failure to Prosecute Pursuant to Rule 41(b) of W.V.R.C.P. be made upon Plaintiff, Anthony Harbison, by publication stating as follows:
1. That the title of the action for publication is Anthony Harbison v. Mint Julep Restaurants, LLC and Darden Restaurants;
2. That the above-titled action is pending in the Circuit Court of Raleigh County, West Virginia, being Civil Action No. 18-C-486-D;
3. That publication is necessary to obtain service of Mint Julep Restaurants, LLC’s Motion to Dismiss for Failure to Prosecute Pursuant to Rule 41(b) of W.V.R.C.P. upon Plaintiff, Anthony Harbison, who initiated this cause of action;
4. That counsel for Defendant, Mint Julep Restaurants, LLC, are Trisha A. Gill and Christopher M. Moreland of the law firm of Litchfield Cavo LLP;
5. That a copy of Mint Julep Restaurants, LLC’s Motion to Dismiss for Failure to Prosecute Pursuant to Rule 41(b) of W.V.R.C.P. may be obtained from the Circuit Clerk of Raleigh County, West Virginia at 222 Main Street, Beckley, WV 25801;
6. That the content of this Order of Publication shall be published once a week for two successive weeks in The Register-Herald, a newspaper of general circulation in Raleigh County, West Virginia;
7. That proof of service by publication shall be made by filing the publisher’s certificate of publication with this Court;
8. That Plaintiff, Anthony Harbison, must file a response to the motion to dismiss not more than 30 days after the second and final publication thereof; and
9. That should Plaintiff, Anthony Harbison, fail to file a response to the motion to dismiss within the time frame set forth above, Mint Julep Restaurants, LLC’s Motion to Dismiss for Failure to Prosecute Pursuant to Rule 41(b) of W.V.R.C.P. will be granted and this cause of action will be dismissed with prejudice at a point in time thereafter.
The Circuit Clerk is hereby ORDERED to forward a certified copy of this Order to all counsel and parties of record.
BY THE COURT:
HONORABLE
ANDREW DIMLICH
8-28-WED-2-RH; LG 290908
ID: 290908