Colindres v. County of Westchester, New York et al

Filing 242

ORDER OF DISMISSAL: Accordingly, it is hereby ORDERED that Plaintiff's claims be dismissed without prejudice for want of prosecution. Defendants are directed to mail a copy of this Order to Plaintiff at Plaintiff's last known address and to file proof of service on the docket. The Clerk of Court is respectfully directed to terminate the action. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 8/29/2023) (tg)

Case 7:16-cv-03013-NSR Document 242 Filed 08/29/23 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
M.C.,

8/29/2023

Plaintiff,
-againstCOUNTY OF WESTCHESTER, NEW YORK;
WESTCHESTER MEDICAL CENTER; CHERYL
ARCHBALD; IRMA W. COSGRIFF; ADA
HUANG; LAUREL SKELSON; GERMAINE
JACQUETTE; MIRAL A. SUBHANI; SHERLITA
AMLER; JOHN DOES #1 – #3, and JANE DOES
#1 – #3,

No. 16 Civ. 3013 (NSR)
ORDER OF DISMISSAL

Defendant.
NELSON S. ROMÁN, United States District Judge:
Plaintiff M.C. (“Plaintiff”) brings this action pursuant to 42 U.S.C. § 1983 (“Section 1983”)
against the County of Westchester, New York, Sherlita Amler, Ada Huang, and Germaine
Jacquette, (collectively, the “Defendants”) for claims arising from alleged retaliation in violation
of the First Amendment and abuse of process. (ECF No. 155.) A bifurcated jury-trial was
scheduled to commence on April 17, 2023. However, on April 1, 2023, Plaintiff’s counsel sought
leave to file a motion under seal and ex parte to withdraw as counsel. (See ECF No. 226); see also
U.S. S.D.N.Y. and E.D.N.Y. Joint Local Rule 1.4 (“An attorney who has appeared as attorney of
record for a party may be relieved or displaced only by order of the Court”). On April 2, 2023,
the Court granted Plaintiff’s counsel leave to file their motion under seal and ex parte. (ECF No.
227.) On April 5, 2023, Plaintiff’s counsel filed their ex parte motion to withdraw along with
supporting affidavits. (ECF No. 232.) On April 7, 2023, Plaintiff’s counsel filed proof that counsel
had mailed the motion and supporting documents to Plaintiff’s last known address and to the

Case 7:16-cv-03013-NSR Document 242 Filed 08/29/23 Page 2 of 2

address of an additional property which Plaintiff is believed to own. (ECF No. 233.) Proof of
conspicuous service of the motion documents at Plaintiff’s last known address was filed on April
10, 2023. The Court then stayed the case for 30 days, adjourned the trial, and directed Plaintiff to
retain new counsel by May 12, 2023. (ECF No. 235.) As of the date of this Order, Plaintiff has
neither retained new counsel nor appeared pro se in this action.
On May 23, 2023, this Court ordered Plaintiff to “show cause in writing on or before July
7, 2023 why this action should not be dismissed without prejudice for want of persecution pursuant
to Fed. R. Civ. P. 41(b).” (ECF No. 240.) Plaintiff was warned that “[f]ailure to comply with this
Court’s present order will result in dismissal of this case for want of prosecution.” (Id.) As of the
date of this Order, Plaintiff has not responded to this Court’s May 23, 2023 Order to Show Cause.
Accordingly, it is hereby
ORDERED that Plaintiff’s claims be dismissed without prejudice for want of prosecution.
Defendants are directed to mail a copy of this Order to Plaintiff at Plaintiff’s last known address
and to file proof of service on the docket. The Clerk of Court is respectfully directed to terminate
the action.
SO ORDERED.
Dated: August 29, 2023
White Plains, New York

NELSON S. ROMÁN
United States District Judge

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