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THE STATE OF RIDGEWAY
RIDGEWAY SUPERIOR COURT
ASPENFUN, an individual
Plaintiff,
-against-
MASTERQV, an individual
Defendant.
RSC-CV-8952
DEFENDANT'S MOTION TO DISMISS
Presiding Judge: Hon. Arthur_Chen
Defendant masterqv, proceeding with his attorney, who is thr33six8 Esq., hereby moves
to dismiss for failure to prosecute.
PROCEDURAL JUSTIFICATION FOR MOTION
Defendants may move to dismiss for a plaintiff's failure to prosecute. Rid. Rule Civ. Proc.
28(2)(2). However, a motion need not initiate such a dismissal because "[t]he Supreme Court has
explained that dismissal under [Fed. Rule Civ. Proc.] Rule 41(b) does not require a motion from
a defendant." Opinion and Order in Rothschild v. Aenta Health Inc., No.
2:24-cv-1099-SPC-KCD (MD Fla. Jan. 16 2026) (quoting Link v. Wabash R. Co., 370 U.S. 626,
630 (1962)). Seeing that Fed. Rule Civ. Proc. 41(b) mirrors Rid. Rule Civ. Proc. 28(2), it is
perfectly applicable here.
GROUNDS
I. FAILURE TO PROSECUTE
Plaintiff's most recent filing was on August 6th, 2026. See Motion to Compel,
BATES-20260806-4027132342. As the record shows, the presiding judge has asked Plaintiff
whether or not he "reach[ed] a private agreement with the Defendant for payment" on September
15th. 5 days later, the presiding judge asked if Plaintiff "still want[ed] to persue [sic] this."
Plaintiff has responded to neither.
In addition, the last statement on the record from Plaintiff was on August 15th, where
Plaintiff's attorney said, "that's a shame!" in response to Defendant's quote-on-quote
"resignation" from Ridgeway.
It is now October 6th (UTC+00:00), and Plaintiff has not spoken or otherwise filed
anything in this civil action, which is a failure to prosecute his own proceeding before this court.
RELIEF SOUGHT
Defendant requests that this court DISMISS this case WITHOUT PREJUDICE.
DATED: 2026-07-26 (July 26th, 2026)
Respectfully submitted,
———————————————
/s/ thr33six8
The Attorney of Defendant/Client masterqv;
Licensed Attorney in the State of Ridgeway
since July 23rd, 2026 (R.S.B. License
#19302).
