McMullin v. Wakefield Police Dep't, Doc. No. 212-2011-CV-285 (Carroll Super. Ct., March 5, 2012) (Houran, J.)

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STATE OF NEW HAMPSHIRE

CARROLL, SS SUPERIOR COURT

Docket No. 212-2011-CV-285

Donald McMullin

v.

Wakefield Police Department

ORDER

By order dated and issued February 14, 2012, the court ordered, among other things, as follows:

1. Unless the plaintiff files a motion to reconsider this order within ten days of the Clerk's notice of issuance of this order or within the same ten days of the Clerk's notice of the issuance of this order files a motion showing cause why he failed to appear at the January 25, 2012 hearing and showing cause why he should not be required to pay the defendant's attorney's fees arising out of appearing at that hearing, this case will be marked "dismissed without prejudice" and the file closed.
2. If the case is dismissed and the file closed as set out in paragraph 1 above, the defendant's request for attorney's fees will be moot. If the case is not dismissed as set out in paragraph 1 above, as a condition precedent to proceeding the plaintiff will be required to pay the defendant's attorneys fees, limited to those accrued for appearing at the hearing at which the plaintiff did not appear and for the defendant's subsequent related motion and related issues, in the amount of $572.50, unless the plaintiff shows cause as set out in paragraph 1 above why he should not be required to do so.

More than ten days has passed, and no motion to reconsider or motion showing cause has been filed.

The case is marked "dismissed without prejudice" and the file will be closed.

So ordered.

March 5, 2012    /s/   

Steven M. Houran

Presiding Justice