Duverge v. USA

Filing 90

ORDER Regarding Status Reports: Plaintiff shall file a Status Report or Motion for Relief from Appointment on or before March 11, 2016. (see attached order). Signed by Judge Joan G. Margolis on 3/2/2016.(Malone, A.)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF CONNECTICUT
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CHARLOTINE DUVERGE
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v.
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UNITED STATES OF AMERICA
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3:10 CV 1922 (JGM)

DATE: MARCH 2, 2016

ORDER REGARDING STATUS REPORTS
The factual and procedural history behind this litigation has been set forth in
considerable detail in this Magistrate Judge's Ruling on Defendant's Motion for Summary
Judgment, filed April 7, 2014 (Dkt. #68), Order Regarding Appearance for Plaintiff, filed
March 25, 2015 (Dkt. #78)["March 2015 Order"], and Ruling on Defendant's Pending
Motions, filed January 19, 2016 (Dkt. #89)["January 2016 Ruling"].

The second to last

paragraph of the January 2016 Ruling provided as follows:
On or before February 26, 2016, plaintiff's pro bono counsel must
communicate with his client and provide copies of all of plaintiff's medical
records to defendant, including those following her release from prison, and
file a Status Report reflecting the same. If the relationship between plaintiff
and pro bono counsel is untenable, then, consistent with the March 2015
Order, on or before February 26, 2016, either plaintiff's pro bono counsel
shall file a Motion for Relief from Appointment consistent with all the
provisions of Local Rule 83.10(d), or plaintiff herself shall file a Motion for
Discharge pursuant to Local Rule 83.10(e), or both.
(At 2-3)(emphasis in original). The discovery deadline was extended, "once again," until April
29, 2016, including expert discovery, and all dispositive motions are to be filed on or before
May 31, 2016. (At 3).
Despite the clear directive of the January 2016 Ruling, plaintiff failed to file any Status
Report regarding compliance with discovery or a Motion for Relief from Appointment by
February 26, 2016. If such Status Report or Motion for Relief from Appointment is not filed

on or before March 11, 2016, the Court will entertain a Motion to Dismiss filed by
defendant for plaintiff's non-compliance with the January 2016 Ruling and for the previous
instances of non-compliance addressed in the March 2015 Order and January 2016 Ruling.
Dated this 2nd day of March, 2016, at New Haven, Connecticut.

/s/ Joan G. Margolis, USMJ
Joan Glazer Margolis
United States Magistrate Judge

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