Danso v. Perfume Outlet Dot Com, LLC
- Paul Engelmayer
- 1:24-cv-04693
- U.S. District Court · Southern District of New York
- 2
In Danso v. Perfume Outlet, Judge Engelmayer dismissed the case without prejudice because Danso failed to prosecute it.
Charity Danso and the people she sought to represent, as well as Perfume Outlet Dot Com, LLC.
What happened
In Danso v. Perfume Outlet Dot Com, LLC, Charity Danso filed a complaint on June 20, 2024, but the record did not show that she served the defendant with the summons and complaint within the required time.
A magistrate judge later ordered Danso to explain why the case should not be dismissed for failing to move it forward. Danso did not respond or take other action to make progress in the case.
Judge Engelmayer dismissed the case without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b) and the court’s inherent power. The clerk was directed to close the case.
The detailed version
- Danso v. Perfume Outlet Dot Com, LLC · No. 1:24-cv-04693
- Paul Engelmayer
- Nov. 20, 2024
Background
Charity Danso filed the complaint on June 20, 2024. An electronic summons was issued for Perfume Outlet Dot Com, LLC the next day. Federal Rule of Civil Procedure 4(m) requires a defendant to be served with the summons and complaint within 90 days after the complaint is filed. The court stated that the docket contained no indication that Danso had served Perfume Outlet.
Order to Show Cause
On October 3, 2024, Magistrate Judge Gary Stein issued an order requiring Danso to explain why the case should not be dismissed for failure to prosecute under Federal Rule of Civil Procedure 41. The opinion states that Danso did not take the required step or otherwise take action to make progress in the case after that order.
Ruling
Judge Engelmayer dismissed the case, without prejudice, under Rule 41(b) and the court’s inherent power. A dismissal without prejudice is the wording used by the court and does not state that the dismissal bars refiling. The clerk was directed to close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.