Opinion
4:23-mc-80198-YGR
02-15-2024
John Anthony Castro, Plaintiff, v. John Doe 1 and Wikimedia Foundation, Inc, Defendants.
ORDER CONDITIONALLY CLOSING THE CASE UPON NOTICE OF UNDERLYING DISMISSAL
YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE.
The defendant in this matter, John Doe 1, also known as “Chetsford,” has informed the Court that, in the underlying matter in the Northern District of Texas, J.A. Castro v. John Doe 1, et al., 4:23-cv-613-P, the Magistrate Judge filed a Report and Recommendation that the case be dismissed because, among other reasons, the Texas court told plaintiff J.A. Castro that if he did not serve John Doe 1 by December 13, 2023, the case against John Doe 1 would be dismissed. Plaintiff has yet to effectuate service in that case.
Because this case is wholly derivative of plaintiff's claim against John Doe 1 in the underlying Texas action, and defendant has demonstrated that the case against them will be dismissed for lack of service, this matter is Conditionally Dismissed and any hearings and deadlines in this matter are Vacated.
It is further Ordered that, if the parties file a status update within ninety days that the underlying Texas matter against John Doe 1 was not dismissed, this Order shall be vacated, and this case will be reopened and restored to the calendar for further proceedings.
It Is So Ordered.