Bronx Supermarket Inc. v. United States
- Paul Engelmayer
- 1:24-cv-09843
- U.S. District Court · Southern District of New York
- 2
In Bronx Supermarket v. United States, Judge Engelmayer dismissed the case without prejudice after the plaintiff failed to serve defendants or respond to the court.
Bronx Supermarket Inc.'s case against the United States of America and the U.S. Department of Agriculture was dismissed without prejudice for failure to prosecute.
What happened
Bronx Supermarket Inc. sued the United States and the U.S. Department of Agriculture, seeking review of a final agency decision. The court required the defendants to be served within 90 days.
After Bronx Supermarket did not serve the defendants, the court ordered it to explain the failure or provide details about any service by April 24, 2025. Bronx Supermarket filed no response by that deadline.
Judge Paul A. Engelmayer dismissed the case without prejudice because Bronx Supermarket failed to prosecute it. This means the dismissal did not bar the plaintiff from bringing the case again.
The detailed version
- Bronx Supermarket Inc. v. United States · No. 1:24-cv-09843
- Paul Engelmayer
- Apr. 28, 2025
Background
Bronx Supermarket Inc. filed this action against the United States of America and the U.S. Department of Agriculture, seeking review of a final agency determination by the Department of Agriculture.
Service Requirement
Federal Rule of Civil Procedure 4(m) generally requires a plaintiff to serve the summons and complaint on a defendant within 90 days after filing the complaint. Bronx Supermarket did not do so. On April 10, 2025, the court ordered Bronx Supermarket to explain in writing by April 24 why it had not served the defendants within that period or, if it believed service had occurred, to state when and how service was made. The court warned that it would dismiss the claims if Bronx Supermarket did not respond and show good cause for the failure to serve the defendants.
Ruling
The deadline passed without any submission from Bronx Supermarket. Under Federal Rule of Civil Procedure 41(b), which allows dismissal for failure to prosecute, and the court's inherent authority, Judge Paul A. Engelmayer dismissed the case without prejudice for failure to prosecute. The opinion does not state any ruling on the merits of Bronx Supermarket's challenge to the agency determination.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.