Solomon-El v. Montefiore Medical Center
- Vyskocil
- 1:23-cv-08200
- U.S. District Court · Southern District of New York
- 3
In Solomon-El v. Montefiore Medical Center, Judge Vyskocil dismissed the action because the self-represented plaintiff neither opposed dismissal nor prosecuted the case.
Norma J. Rodgers Solomon-El’s action against Montefiore Medical Center was dismissed, and the court directed that the case be closed.
What happened
In Solomon-El v. Montefiore Medical Center, Norma J. Rodgers Solomon-El filed a complaint on September 15, 2023. The opinion says she did not appear or take action in the case after filing it.
Montefiore Medical Center moved to dismiss the complaint for failure to state a claim. The court gave Solomon-El three opportunities to respond and warned that the case could be dismissed if she did not do so. She did not respond to any of the court’s orders or oppose the motion.
The court dismissed the action for failure to oppose the motion and for failure to prosecute under Rule 41(b) of the Federal Rules of Civil Procedure. Judge Mary Kay Vyskocil directed the Clerk of Court to mail the order to Solomon-El and close the case.
The detailed version
- Solomon-El v. Montefiore Medical Center · No. 1:23-cv-08200
- Vyskocil
- June 28, 2024
Background
Norma J. Rodgers Solomon-El, acting without a lawyer, filed this action against Montefiore Medical Center on September 15, 2023. The opinion states that she did not appear in the case or otherwise pursue it after filing the complaint.
Motion and Orders to Show Cause
On December 8, 2023, Montefiore Medical Center moved to dismiss the complaint in its entirety under Federal Rule of Civil Procedure 12(b)(6), which permits dismissal for failure to state a legally sufficient claim. Solomon-El did not oppose the motion.
The court issued an order on May 21, 2024, directing Solomon-El to submit any opposition to the motion and explain why the case should not be dismissed for failure to prosecute, meaning failure to move the case forward. She did not respond. The court issued a second order on June 4, 2024, giving her another opportunity to respond by June 12, 2024. She again did not respond.
On June 13, 2024, the court issued a final order to show cause and gave Solomon-El until June 27, 2024, to respond. The court warned that failure to respond would result in dismissal for abandoning her claims and failing to prosecute the case. Solomon-El did not respond to that order either.
Ruling
The court ordered that the action be dismissed for failure to oppose Montefiore Medical Center’s motion to dismiss and under Rule 41(b) of the Federal Rules of Civil Procedure for failure to prosecute. The order does not state that the dismissal was with or without prejudice. The Clerk of Court was instructed to mail the order to Solomon-El and close the case.
Disposition
The action was dismissed. The opinion did not reach the merits of the claims or decide whether the complaint stated a valid claim.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.