Nolen v. Aldrich Public Library et al

Filing 20

MOTION for Dismissal Without Prejudice filed by Aldrich Public Library, City of Barre, Timothy Bombardier, Karen Lane, Andrew Marceau, Nancy F. Pope, Ross Weiland. (Attachments: # 1 Appendix, # 2 Certificate of Service)(law)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF VERMONT
WALLACE S. NOLEN,
Plaintiff
vs.
ALDRICH PUBLIC LIBRARY,
NANCYF.POPE,KAREN
LANE, CITY OF BARRE,
TIMOTHY BOMBARDIER, ANDREW
MARCEAU, ROSS WEILAND, and
JANE DOE 1-20,
Defendants

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Case No. 2:11-cv-183

DEFENDANTS' MOTION FOR DISMISSAL WITHOUT PREJUDICE
AND SUPPORTING MEMORANDUM OF LAW
NOW COME the Defendants, by and through their respective counsel, and hereby
respectfully move the Honorable Court to dismiss this matter without prejudice. For
support, Defendants offer the following memorandum of law.
MEMORANDUM OF LAW
On September 14, 2011, the Court stayed this case through December 15, 2011,
and ordered that Plaintiff update the Court in writing as to his ability to proceed. The
Court also ruled that any filings requesting additional stay were due by December 22,
2011, and that if Plaintiff failed to contact the Court by December 22, 2011, the case
could be dismissed for failure to prosecute.
It appears that on December 20, 2011, Plaintiff filed with the Court a copy of a

December 13, 2011letter "To Whom It May Concern," from Dr. Steven Ades, MD,
speaking to what seem to be Plaintiffs significant health problems, stating in part that
Plaintiff "may not be able to attend hearings or appointments while he is receiving
McNEIL,
LEDDY &
SHEAHAN
BURLINGTON, VERMONT 05401

chemotherapy for the next 5 months."
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Defendants request that this matter be dismissed without prejudice pursuant to the
Court's rulings of September 14, 2011 and F.R.Civ.P. 41(b). While Plaintiffhas filed the
above referenced letter, he has not requested additional stay. The above referenced letter
leads a reasonable person to believe that Plaintiff will be unable to engage in the effective
prosecution of the case, being weakened "both mentally and physically" as a result of his
treatment, and possibly being unable to "attend hearings or appointments," which
reasonably read, could include depositions.
Meanwhile, the Defendants remain alleged wrongdoers in a "federal case." As an
example of how the circumstances can visit hardship on the Defendants, attached hereto
as APPENDIX is a copy of a February 10, 2011letter from Oliver Twombly, Esq. to
Elizabeth LaPerle opining as to the impact of Plaintiffs litigation on City of Barre City
Clerk Carolyn Dawes' personal efforts at obtaining a loan. 1
As the Court has allowed Plaintiff to proceed in forma pauperis, Plaintiff will not
be financially prejudiced by a dismissal without prejudice. Such a dismissal will allow
the Plaintiff to tend to his medical issues, with the ability to re-file the case if and when
he is able, while allowing the Defendants to conduct their lives free (temporarily at least)
of Plaintiffs allegations and any burdens associated with such allegations.
WHEREFORE, Defendants respectfully request that this matter be dismissed
without prejudice.

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McNEIL,
LEDDY &

SHEAHAN
BURLINGI'ON, VERMONT 05401

While Ms. Dawes is not a named Defendant in the present case, she is a named Defendant in No. 2:1 0-cv00241 wks, another case brought by the same Plaintiff, and in which the Court issued the same rulings as to
stay and notification of the Court on September 14, 2011.

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J}~.

Dated at Burlington, Vermont, this~ day of January 2012.
McNEIL, LEDilf\& SHEAHAN, P.C.

By:
,Esq.
th Union Street
Burlin ton, VT 05401
Attorneys for Defendants City of Barre,
Timothy Bombardier, Andrew Marceau,
and Ross Weiland

Dated at Montpelier, Vennont, this

~y of January, 2012.

PRIMMER, PIPER, EGGLESTON
&CRAMER,P

(\. /'

By:

Leo
isson, Esq.
PO Bo 1309
Montpe ier, VT 056701-1309
Attorneys for Defendants Aldrich Public
Library, Nancy F. Pope and Karen Lane

400000-00495

McNEIL,
LEDDY &
SHEAHAN
BURLINGTON, VERMONT 05401

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