Fernandez v. Kimera International
- Paul Engelmayer
- 1:24-cv-03831
- U.S. District Court · Southern District of New York
- 2
In Fernandez v. Kimera International, Judge Engelmayer dismissed Fernandez’s Americans with Disabilities Act case without prejudice for failure to prosecute.
The dismissal ended Jacqueline Fernandez’s case against Kimera International without prejudice. The opinion does not state whether Fernandez later pursued a default judgment or other relief.
What happened
In Fernandez v. Kimera International, Jacqueline Fernandez sued Kimera International under the Americans with Disabilities Act. Kimera did not respond or appear, and Fernandez obtained a certificate of default.
Fernandez did not ask for a default judgment. After Magistrate Judge Gary Stein ordered her to explain why the case should not be dismissed, she did not file the required explanation or a default-judgment motion by the deadline.
Judge Paul A. Engelmayer dismissed the case without prejudice under the federal rule allowing dismissal for failure to prosecute and the court’s inherent authority. The court did not decide the underlying disability-discrimination claims.
The detailed version
- Fernandez v. Kimera International · No. 1:24-cv-03831
- Paul Engelmayer
- Jan. 17, 2025
Background
Jacqueline Fernandez filed an action against Kimera International under the Americans with Disabilities Act. Kimera did not respond to the complaint or otherwise appear. Fernandez obtained a certificate of default from the Clerk of Court on July 15, 2024, but she did not move for default judgment.
Order to Show Cause
On October 8, 2024, Magistrate Judge Gary Stein ordered Fernandez to explain by October 23, 2024, why the case should not be dismissed for failure to prosecute under Federal Rule of Civil Procedure 41(b). The order stated that Fernandez could respond by filing a motion for default judgment. Fernandez did not file a default-judgment motion or otherwise respond by the deadline.
Ruling
Judge Paul A. Engelmayer dismissed the case without prejudice for Fernandez’s failure to prosecute. The court relied on Rule 41(b) and the court’s inherent authority to dismiss a case when a plaintiff does not pursue it. The order did not decide the merits of Fernandez’s Americans with Disabilities Act claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.