Johnson v. McCallum
- Paul Engelmayer
- 1:23-cv-07879
- U.S. District Court · Southern District of New York
- 2
In Johnson v. McCallum, Judge Engelmayer dismissed the case without prejudice because Johnson failed to prosecute it.
Todd L. Johnson and Cliff McCallum were affected by the dismissal of the case without prejudice; the court directed that the case be closed.
What happened
In Johnson v. McCallum, Todd L. Johnson filed an amended complaint and proceeded without a lawyer. Defendant Cliff McCallum was served and filed an answer, but Johnson stopped participating in the case.
Johnson did not attend two court conferences, respond to discovery requests, or take other steps to move the case forward. After the court ordered him to explain why the case should not be dismissed, he did not respond or seek a default judgment by the stated deadline.
The court dismissed the case without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b) and its inherent authority. Judge Engelmayer directed the Clerk of Court to close the case.
The detailed version
- Johnson v. McCallum · No. 1:23-cv-07879
- Paul Engelmayer
- July 17, 2025
Background
Todd L. Johnson filed the complaint on September 5, 2023, and an amended complaint on November 2, 2023. The opinion states that Johnson was proceeding without a lawyer. The court directed service on Cliff McCallum, who was served with the summons and amended complaint on January 24, 2024, and filed an answer on April 9, 2024.
The opinion states that Johnson did not appear after filing his amended complaint. He failed to attend case conferences before Magistrate Judge Gary Stein on April 15 and July 9, 2025, and failed to respond to discovery demands. The opinion also notes that McCallum had filed a motion to dismiss, which Johnson did not oppose. A separate defendant, Renee Casanas, had previously obtained dismissal of the claims against her after Johnson failed to respond to her motion to dismiss.
Order to Show Cause
On June 25, 2025, the court ordered Johnson to explain why the action should not be dismissed for failure to prosecute under Federal Rule of Civil Procedure 41. The order stated that Johnson could show cause by properly requesting a certificate of default from the Clerk of Court and filing a motion for default judgment by July 16, 2025. Johnson did not take those steps or otherwise make progress in the case.
Ruling
The court dismissed the case, without prejudice, under Rule 41(b) and the court’s inherent power because Johnson failed to prosecute it. Judge Paul A. Engelmayer directed the Clerk of Court to close the case. The opinion does not decide the underlying claims against McCallum.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.