BROWN v. GENERAL ALUM NEW ENGLAND CORP.

2004 | Cited 0 times | D. Maine | April 5, 2004

ORDER DISMISSING PLAINTIFF'S COMPLAINT WITH PREJUDICE

On March 9, 2004, this Court issued an Order granting DefendantGeneral Alum New England Corp.'s Motion to Dismiss and ordering PlaintiffDouglas Brown to Show Cause as to why his Complaint against the Unionshould not meet the same fate. The Order recited the fact that the basesfor the Plaintiff's acquiescence to General Alum's Motion to Dismiss wereequally applicable to his claims against Defendant Local 650 of theInternational Chemical Workers Union Council, United Food and CommercialWorkers Union. This Court, therefore, ordered the Plaintiff to show causewithin twenty days of the date of the Order why the Complaint should notbe dismissed with prejudice against Local 650 International ChemicalWorkers Union Council, United Food and Commercial Workers Union. TheMarch 9, 2004 Order specified that the failure to comply with its termswould result in the dismissal of the Complaint with prejudice against theUnion

The Plaintiff has failed to respond to the Order. On March 12, 2004,the Court received a letter from Attorney Jeffrey Young, representing theUnion. Attorney Young attached a copy of a Stipulation for VoluntaryDismissal with prejudice and without costs executed by Douglas E. Brownas Plaintiff, dismissing all claims against the Union. Attorney Youngsent the "Stipulation" to the Maine State Superior Court for Waldo Countyby letter dated August 1, 2004, the same day General Alum removed thecase to this Court, thereby divesting the Superior Court of jurisdiction.The Superior Court Order dated August 5, 2003, granting the dismissal wastechnically without effect, since the Superior Court no longer retainedjurisdiction.

The Plaintiffs attempted, but ineffective dismissal of the Union inSuperior Court may explain his failure to respond to this Court's Orderto Show Cause. In any event, the Plaintiff has failed to respond to theCourt's Order dated March 9, 2004 and, therefore, the Plaintiff'sComplaint against Defendant Local 650 of the International ChemicalWorkers Union Council, United Food and Commercial Workers Union is herebydismissed with prejudice.

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