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Jill Jorgensen v. City of Blackfoot

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO


September 28, 2011

JILL JORGENSEN, PLAINTIFF,
v.
CITY OF BLACKFOOT, BINGHAM COUNTY, SHAWN HUNTER, ERIC WREN, AND KATHY DOE, DEFENDANTS.

The opinion of the court was delivered by: B. Lynn Winmill Chief U.S. District Court Judge

ORDER

On July 14, 2011, the Court granted counsel's Motion for Leave to Withdraw as Attorney of Record for Plaintiff. The Court explained that withdrawing counsel shall continue to represent Plaintiff, pursuant to Dist. Idaho Loc. Civ. R. 83.6(c)(2) until proof of service of the Court's Order on the client had been filed with the Court, or alternatively, until such time as Plaintiff notifies the Court in writing that it has received the Court's Order. The Court further explained that Plaintiff would have twenty-one (21) days from the filing of the proof of service by the withdrawing attorney to file written notice with the Court stating how and by whom she would be represented. The Court also stated that if Plaintiff failed to appear in this action, either in person or through a newly appointed attorney within that twenty-one (21) day period, such failure shall be grounds for dismissal of Plaintiff's claims with prejudice without further notice.

Counsel filed the affidavit of proof of service on August 25, 2011.*fn1 More than twenty-one (21) days have passed since that time, and Plaintiff has failed to appear in this action, either in person or through a newly appointed attorney. Accordingly, the Court will dismiss Plaintiff's claims with prejudice.

ORDER

IT IS ORDERED:

1. Plaintiff's Complaint is DISMISSED WITH PREJUDICE.

2. The Court will enter a separate judgment pursuant to Fed.R.Civ.P. 58.


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