IN THE SUPERIOR COURT OF THE STATE OF RIDGEWAY
IN AND FOR THE COUNTY OF RIDGEWAY
Stempiee,
v.
BrunoMontiel1,
Defendant.
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Case No.: RSC-CV-7796
Hon. vonhagen123
ORDER FOR DISMISSAL
Upon this Court’s own review of the record as of present, as well as the procedural
posture of this matter, the Court finds that dismissal of this action without prejudice is
warranted.
The record reflects that Plaintiff, Stempiee, filed the Civil Complaint and accompanying
disclosures on 7 August 2026, after which a summons was issued. On the same date,
counsel for Defendant, BrunoMontiel1, filed an Answer to the Complaint. Plaintiff
subsequently filed a response to Defendants’ Affirmative Defenses on 9 August 2026.
On 19 August 2026, the Court by Magistrate Judge vonhagen123 entered an order to
Show Cause directing Plaintiff to appear and provide the Court with an explanation as to
why this action should not be dismissed for failure to comply with the applicable
requirements governing service of process, as provided by Ridgeway Rules of Civil
Procedure 4(7)(1).
The Court afforded Plaintiff an opportunity to address the identified deficiencies and to
demonstrate why dismissal was not appropriate. Plaintiff, however, failed to appear in
response to the Order to Show Cause entered by Judge vonhagen123, failing to provide
this Court with a sufficient explanation or showing of good cause concerning the
identified service of process deficiency.
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Ruling Recommendation and Proposal
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The Court has independently reviewed the procedural history of this matter and finds
that, notwithstanding Plaintiff’s initial filings and participation in the proceedings and
action in this Court, Plaintiff has failed to respond to the Order to Show Cause or
otherwise demonstrate compliance with the applicable requirements governing service of
process.
The Court therefore determines, upon its own consideration of the record and in the
exercise of its authority to manage the proceedings before it, that dismissal of this action
is warranted.
The dismissal shall be without prejudice, this Court makes no determination concerning
the substantive merits of Plaintiff’s underlying claims.
Accordingly, it is hereby:
ORDERED that Plaintiff's action in Stempiee v. BrunoMontiel1 is DISMISSED
WITHOUT PREJUDICE for failure to diligently prosecute the matter, and upon the
Court’s determination for Plaintiff’s failure to comply with the applicable requirements
governing service of process and failure to respond to the Court’s 19 August 2026 Order
to Show Cause; and it is further;
ORDERED that this dismissal shall not operate as an adjudication on the merits of
Plaintiff's claims; and it is further;
ORDERED that the Clerk shall terminate this action and enter judgment consistent with
this Order.
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Ruling Recommendation and Proposal
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SO ORDERED.
Entered this 9th day of September, 2026.
vonhagen123
Magistrate Judge,
Superior Court of Ridgeway
SUBMITTED FOR REVIEW AND ADOPTION BY:
AlbertWellesley
Superior Court Judge,
Superior Court of Ridgeway
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Ruling Recommendation and Proposal
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