Fishman, et al v. Trump, et al
| EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES, PAUL LYNESS, Deputy Clerk, JUDGE INDIRA TALWANI, JUDGE GEORGE A. O'TOOLE, JR., ANDREW E. LELLING, US Attorney, DONALD J. TRUMP, President of the United States, ROBERT M. FARRELL, CHRISTOPHER DANIELI, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, UNITED STATES DEPARTMENT OF JUSTICE, WILLIAM P. BARR, UNITED STATES and US DEPT OF THE TREASURY |
| PEOPLE WITH DISABILITIES IN THE UNITED STATES OF AMERICA, DEBORAH FISHMAN, individually and on behalf of minor D.J.P. and TAXPAYING CITIZENS OF THE UNITED STATES OF AMERICA |
| 20-1868 |
| September 23, 2020 |
| U.S. Court of Appeals, First Circuit |
| Other |
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ORDER entered: On August 26, 2020, pro se plaintiff-appellant Deborah Fishman, individually and on behalf of minor D.J. P., filed a notice of appeal, purportedly also on behalf of "People With Disabilities in the United States of America" and "Taxpaying Citizens of the United States of America," in No. 1:19-cv-11734-JDL (D. Mass.) from the district court's order (D.E. No. 25) entered on July 31, 2020 granting defendants' motion to dismiss the action for ineffective service of process. On August 13, 2020, Fishman filed a motion to reconsider (D.E. No. 26) the July 31, 2020 order. While the motion for reconsideration was pending, Fishman filed a motion to dismiss Case No. 1:19-cv-11734-JDL (D. Mass.) and the notice of appeal on behalf of herself, and purportedly on behalf of other named plaintiffs. On October 8, 2020, a district court order (D.E. No. 32) entered stating "The Plaintiffs['] Assented to Motion to Dismiss is granted, and the complaint is ordered dismissed without prejudice." Upon review, it appears that the district court's October 8, 2020 order may render this appeal moot. Accordingly, plaintiff-appellant Deborah Fishman is directed either to move for voluntary dismissal pursuant to Fed. R. App. P. 42(b) or to show cause, in writing, why appeal no. 20-1868 should not be dismissed as moot. The failure to take either action by November 27, 2020 may lead to dismissal of the appeal for lack of diligent prosecution. [20-1868] (MNH) [Entered: 11/13/2020 09:33 AM]
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| CIVIL CASE docketed. Notice of appeal (doc. #27) filed by Appellants Deborah Fishman, People with Disabilities in the United States of America, and Taxpaying Citizens of the United States of America. Fee due 10/07/2020. [20-1868] (MNH) [Entered: 09/23/2020 10:21 AM] |
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