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Motor Vehicle | Texas Southern
Stipulation of Dismissal
STIPULATION of Dismissal of Remaining Parties in Case by Keen Cargo, Inc., filed. (Attachments: # 1 Proposed Order) (Kennamer, Alison)
Order
ORDER, Webb County moved to dismiss the remaining counterclaim against it (see Dkt. No. 48-2). The Court dismissed Counterclaimant Toledos counterclaim without prejudice for lack of subject matter jurisdiction (Dkt. No. 66 at 14). Because Counterclaimant Toledo is proceeding pro se, the Court simultaneously granted him leave to file an amended counterclaim no later than August 24, 2026 (Dkt. No. 66 at 1415). The Courts order warned Counterclaimant Toledo that failure to cure the deficiencies may subject him to dismissal without further opportunity to amend (Dkt. No. 66 at 1415). The deadline has lapsed, and Counterclaimant Toledo has not filed an amended counterclaim. See Fed. R. Civ. P. 6(d) (affording litigants an extra three days to act when service is made via mail). Accordingly, it is ORDERED that Counterclaimant Toledos Counterclaim is DISMISSED WITHOUT PREJUDICE for failure to prosecute and failure to comply with the Courts order. It is so ORDERED. (Signed by Judge Marina Garcia Marmolejo) Parties notified. (bm5)
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