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P.I.: Other | Vermont
Order on Motion to Dismiss for Failure to State a Claim
ORDER DENYING AS MOOT 12 Motion to Dismiss for Failure to State a Claim (Counts 5 and 6) and 19 Motion to Dismiss for Failure to State a Claim pursuant to 36 ORDER GRANTING 35 Defendants' Joint Motion to Dismiss for Failure to Signed by Chief District Judge Christina Reiss on 8/21/2026. (This is a text-only Order.) (lmw)
Order on Motion to Dismiss/Lack of Prosecution
TEXT ORDER GRANTING 35 Defendants' Joint Motion to Dismiss for Failure to Prosecute. Plaintiff filed this action on March 13, 2026. (Doc. 1.) On May 15, 2026, Plaintiff's counsel moved to stay proceedings and moved to withdraw as counsel, citing the limited scope of representation for which he was retained. On May 29, 2026, the court granted Plaintiff's counsel's motion to withdraw and stayed the matter forty-five days to allow Plaintiff to enter a pro se notice of appearance or obtain substitute counsel. (Doc. 26.) The forty-five-day stay expired on July 13, 2026. To date, no substitute counsel has appeared for Plaintiff, Plaintiff has not filed a notice of pro se appearance, Plaintiff has not requested additional time, and Plaintiff has not opposed the motion to dismiss. Fed. R. Civ. P. 41(b) authorizes dismissal of an action where "the plaintiff fails to prosecute or to comply with these rules or a court order[.]" Because Plaintiff has failed to enter a pro se notice of appearance or obtain substitute counsel within the deadline set by the court's May 29, 2026 Order and does not oppose dismissal, Defendants' Joint Motion to Dismiss for Failure to Prosecute is GRANTED and this case is DISMISSED WITHOUT PREJUDICE. Signed by Chief District Judge Christina Reiss on 8/21/2026. (This is a text-only Order.) (lmw)
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