Decision  Rodrigues v. PERAC

Date:	01/17/2025
Organization:	Division of Administrative Law Appeals
Docket Number:	CR-15-606

• Petitioner: John Rodrigues
• Respondent: Public Employee Retirement Administration Commission
• Administrative Magistrate: Natalie S. Monroe

Order of Dismissal

            On March 13, 2017, the parties asked to stay this case pending the resolution of a motion in a related matter, Rodrigues v. Public Employee Retirement Administration Comm’n, Suffolk County Superior Ct. Docket No. 13-556 (the “Superior Court litigation”). On August 3, 2022, the parties filed a stipulation of dismissal in the Superior Court litigation. Therefore, on November 15, 2024, I ordered the parties to provide a status report no later than December 3, 2024. I advised the parties that in the alternative, they could file a motion to dismiss if this matter was moot or settled. Neither party filed a status report or motion to dismiss.

           On December 18, 2024, I ordered Mr. Rodrigues to file a written response demonstrating good cause for failing to submit a status report. I explained that if he failed to show good cause, this appeal would be dismissed. Mr. Rodrigues’ response was due on January 10, 2025. To date, he has not filed a response.

           Accordingly, this appeal is dismissed for failure to prosecute. 801 CMR 1.01(7)(g)(2).

Dated:  January 17, 2025               

DIVISION OF ADMINISTRATIVE LAW APPEALS                                                            

                                                 

_______________________________________

Natalie S. Monroe
Chief Administrative Magistrate
14 Summer St., 4th Floor
Malden, MA 02148
Tel: [phone]
Fax: [phone]

                                                          

Order sent to:  Matthew Thomson, Esq. 
                           Kenneth J. Hill, Esq.