D. Mass. L.R. 41.1

(a) By the Clerk.

(1) Whenever in any civil action the clerk shall ascertain that no proceeding has been

docketed therein for a period of one year, the clerk shall then serve notice to all

persons who have entered an appearance in such a case that, subject to the

provisions of subsection (a)(3), the case will be dismissed without further notice 28

days after the sending of the notice.

(2) If no response is received within the 28-day period, without order of the court the

clerk shall, subject to the provisions of subsection (a)(3), enter an order of dismissal

for all cases on the list. It shall not be necessary for the clerk to serve additional

notice of the dismissal to any counsel or party.

(3) A case shall not be dismissed for lack of prosecution if within 28 days of the serving

of notice an explanation for the lack of proceedings is filed and the judicial officer

to whom the case is assigned orders that it not be dismissed.

(b) By the Court.

(1) Additionally, each judicial officer may from time to time give notice of not less

than 21 days of hearing on a dismissal calendar for actions or proceedings assigned

to that judicial officer that appear not to have been diligently prosecuted. Unless

otherwise ordered by the court, each party shall, not less than 14 days prior to the

noticed hearing date, serve and file a certificate describing the status of the action

or proceeding and showing that good cause exists for the court to retain the case on

the docket. Nothing in this rule precludes the filing of a motion for dismissal under

Fed. R. Civ. P. 41(b).

(2) Failure on the part of the plaintiff to file the required statement or to appear at the

scheduled hearing shall be grounds for the dismissal of the action.

(c) The dismissal of a case pursuant to this rule shall not operate as an adjudication on the

merits unless the court on motion of a party directs otherwise.