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Civil Rights: Jobs | New York Northern
Judgment
JUDGMENT in favor of Schweitzer-Mauduit International, Inc., Mario Costa against Christopher Burton. (Attachments: # 1 Appeal Notice) (ban)
Order
TEXT ORDER DISMISSING CASE without prejudice: This action was commenced by Plaintiff Christopher Burton against Schweitzer-Mauduit International, Inc. and Mario Costa on August 29, 2025 [Dkt. No. 1]. On November 3, 2025, Plaintiffs counsel filed a suggestion of death as to Plaintiff Christopher Burton [Dkt. No 8]. Pursuant to Rule 25 of the Federal Rules of Civil Procedure, a motion for substitution is due within 90-days after service of a statement noting the death. On January 28, 2026, Plaintiffs counsel filed a request with the Court to extend his time to file a motion to substitute [Dkt. No. 10]; On January 29, 2026, the Court granted the request and ordered that the motion to substitute be filed by April 29, 2026 [Dkt. No. 11]. On April 27, 2026, Plaintiffs counsel filed a second request for a further extension of 90-days to file a motion to substitute [Dkt. No. 13]. Defense counsel filed a response in opposition to a further extension [Dkt. No. 14]; The Court ultimately granted Plaintiffs counsel an additional 30-days to file the motion [Dkt. No. 16]. The Court ordered that the motion to substitute must be filed by 5/29/26, and informed counsel that NO further extension requests will be entertained. On 5/29/26, Plaintiffs counsel filed a letter with the Court [Dkt. No. 18], informing the Court that he was unable to file necessary paperwork in surrogates court due to a family emergency. Counsel went on to say that he discussed the issue with Plaintiffs family and explained to them that the case may be commenced in Supreme Court of Columbia County on or before April 27, 2027. Counsel acknowledged that the Court must dismiss this matter, but asked that it be done without prejudice to allow the family time to file Plaintiffs claims in state court. On June 2, 2026, this Court directed counsel to submit a notice of dismissal or status report on or before 6/30/26 [Dkt. No. 19]. Plaintiffs counsel failed to submit a dismissal notice or stipulation by that deadline. On July 29, 2026, the Court issued another Text Order [Dkt No. 20] directing counsel to file a dismissal notice or status report with the Court by 8/6/26. Defense counsel filed a response on August 10, 2026 [Dkt. No. 22], requesting that the Court dismiss this matter with prejudice for failure to make a motion to substitute. Plaintiffs counsel has been given ample opportunity to file a motion to substitute but has failed to do so. The Court dismisses this case due to Plaintiffs failure to file a motion to substitute. It is hereby ORDERED that this case is DISMISSED without prejudice pursuant to Fed.R.Civ.P. Rule 25. IT IS SO ORDERED. Signed by U.S. District Judge Mae A. D'Agostino on 08/13/2026.(ban)
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