Nolen v. Aldrich Public Library et al

Filing 24

RENEWED MOTION to Dismiss Without Prejudice filed by Aldrich Public Library, City of Barre, Timothy Bombardier, Karen Lane, Andrew Marceau, Nancy F. Pope, Ross Weiland.(law)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF VERMONT
WALLACE S. NOLEN,
Plaintiff
vs.
ALDRICH PUBLIC LIBRARY,
NANCY F. 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' RENEWED 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

The Court has twice stayed this matter due to Plaintiffs health issues.
Defendants' Motion for Dismissal Without Prejudice and Supporting Memorandum of
1

Law dated January 4, 2012, was denied by the Court on January 25, 2012. In denying
Defendants' motion, the Court ruled that the matter was stayed through March 15, 2012,
and that Plaintiff, prior to the second stay's conclusion, was to update the Court in
writing as to his ability to proceed. The Court directed that if Plaintiff wished to continue
the stay, he was to provide medical documentation in support of his request in that
regard. The Court ruled that Plaintiffs failure to do so may result in dismissal for failure
to prosecute.
McNEIL,
LEDDY&
SHEAHAN

BURLINGTON, VERMONT 05401

1

Defendants hereby respectfully incorporate their prior motion (with APPENDIX) as if set forth again in
full.

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On or about March 1, 2012, the Court received correspondence from Fletcher
Allen Health Care ("FAHC") related to Plaintiffs health at that time.
As this is filed, Defendants are unaware of any request by Plaintiff for a continued
stay and/or any medical documentation that would support Plaintiffs request for a
continued stay, and that would comport with the Court's last rulings in this regard ..
Defendants again respectfully request that this matter be dismissed for failure to

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prosecute.
Dated at Burlington, Vermont, this

11my

of April2012.

McNEIL, LEDDY & SHEAHAN, P.C.

By:
Josep A. iunham, Esq.
271 S uth Union Street
Burlin ton, VT 05401
Attorneys for Defendants City of Barre,
Timothy Bombardier, Andrew Marceau,
and Ross Weiland
Dated at Montpelier, Vermont, this _ _ day of April, 2012.
PRIMMER, PIPER, EGGLESTON
&CRAMER, PC

By:

<f. ~{//)I;~ )h?.

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L o A. Bisson, Esq.
~
P Box 1309
Montpelier, VT 056701-1309
Attorneys for Defendants Aldrich Public
Library, Nancy F. Pope and Karen Lane

McNEIL,
LEDDY &

SHEAHAN

BURLINGI'ON, VERMONT 05401

2

~0
Dated at Springfield, Vermont, this

ll_ day of April, 2012.
ELLIS, BOXER & BLAKE

By:
S ephen D. Ellis, Esq.
Summer Hill Street
Box 948
Springfield, VT 05156
Attorneys for Defendant
Aldrich Public Library

400000-00495

MCNEIL,
LEDDY &
SHEAHAN
~URLINGTON,

VERMONT 05401

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·UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF VERMONT

WALLACE S. NOLEN,
Plaintiff
vs.
ALDRICH PUBLIC LIBRARY,
NANCY F. 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

CERTIFICATE OF SERVICE

NOW COME Defendants, by and through their attorneys, McNeil, Leddy &
Sheahan, P.C., and hereby certify that they served Defendants' Renewed Motion for
Dismissal Without Prejudice and Supporting Memorandum of Law, by mailing a copy
of same, first class postage prepaid, to the Plaintiff, Wallace S. Nolen, P.O. Box 1025,
Montpelier, VT 05601-1025.
DATED at Burlington, Vermont, this 17th day of April 2012.
& SHEAHAN, P.C.

BY:
...........,~. Farnham, Esq.
uth Union St.
Burli ton, VT 05401
802-863-4531
c:

McNEIL,
LEDDY&

Jenn Moore, Esq.
Leo Bisson, Esq.
Wallace S. Nolen
Oliver Twombly, Esq.

400000\495

SHEAHAN

BURLINGTON, VERMONT 05401

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