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Insurance | Massachusetts
Order Dismissing Case
District Judge Julia E. Kobick: ORDER OF DISMISSAL entered. (Currie, Haley)
Order ~Util - Terminate Motions
District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Plaintiff 285 Lynn Shore Drive Condominium Trust had until July 2, 2026 “to show cause why this case should not be dismissed for lack of prosecution and for failure to comply with Local Rule 83.5.5(c)” due to lack of successor counsel. ECF 49. The Trust has failed to file a timely response to this Court’s show cause order, and no successor counsel has appeared to represent the Trust. Under the circumstances, the Court has “the power to act sua sponte to dismiss a suit for failure to prosecute.” Diaz-Santos v. Dep’t of Educ. of Com. of Puerto Rico, 108 F. App’x 638, 640 (1st Cir. 2004). Having expressly warned the Trust that failure to show cause “will result in immediate dismissal of this action,” the Court will DISMISS this lawsuit, without prejudice, on that basis. ECF 49; see Dietz v. Bouldin, 579 U.S. 40, 47 (2016) (“district court has inherent power to dismiss case sua sponte for failure to prosecute” (citing Link v. Wabash R.R. Co., 370 U.S. 626, 631-32 (1962))); Tower Ventures, Inc. v. City of Westfield, 296 F.3d 43, 46 (1st Cir. 2002) (“disobedience of court orders . . . warrants dismissal”). Defendant Seneca Insurance Company’s motion to compel discovery responses from the Trust, ECF 38 , is DENIED as moot. (Currie, Haley)
Plaintiff 285 Lynn Shore Drive Condominium Trust had until July 2, 2026 “to show cause why this case should not be dismissed for lack of prosecution and for failure to comply with Local Rule 83.5.5(c)” due to lack of successor counsel. ECF 49. The Trust has failed to file a timely response to this Court’s show cause order, and no successor counsel has appeared to represent the Trust. Under the circumstances, the Court has “the power to act sua sponte to dismiss a suit for failure to prosecute.” Diaz-Santos v. Dep’t of Educ. of Com. of Puerto Rico, 108 F. App’x 638, 640 (1st Cir. 2004). Having expressly warned the Trust that failure to show cause “will result in immediate dismissal of this action,” the Court will DISMISS this lawsuit, without prejudice, on that basis. ECF 49; see Dietz v. Bouldin, 579 U.S. 40, 47 (2016) (“district court has inherent power to dismiss case sua sponte for failure to prosecute” (citing Link v. Wabash R.R. Co., 370 U.S. 626, 631-32 (1962))); Tower Ventures, Inc. v. City of Westfield, 296 F.3d 43, 46 (1st Cir. 2002) (“disobedience of court orders . . . warrants dismissal”). Defendant Seneca Insurance Company’s motion to compel discovery responses from the Trust, ECF 38 , is DENIED as moot. (Currie, Haley)
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