Pyramid Logistics, Inc. v. Top Flight Delivery, Inc.

Background

Pyramid Logistics, Inc., doing business as Reynolds Logistics, sued Top Flight Delivery, Inc., and Dynamic Lifecycle Innovations Inc. for breach of contract and negligence. Pyramid voluntarily dismissed Dynamic on September 9, 2024, leaving Top Flight as the sole remaining defendant.

Procedural History

More than 90 days after the complaint was filed, Top Flight had not appeared and Pyramid had taken no further action concerning Top Flight. The court directed Pyramid to file proof of service or a waiver, notify Top Flight about its obligation to appear or seek more time, seek entry of default if appropriate, or explain why it had good cause for not doing so. The court warned that it would recommend dismissal for failure to prosecute if Pyramid did not comply.

Pyramid later filed a waiver of service signed by Jim Sutcliffe. The waiver stated that Top Flight’s answer or motion under Rule 12 was due on August 5, 2024. Pyramid nevertheless did not promptly seek entry of default or default judgment. After the court issued an earlier recommendation for dismissal, Pyramid filed documents seeking default judgment without first obtaining entry of default. The Clerk then entered default against Top Flight.

Judge Eric C. Tostrud later directed Pyramid to file a properly supported and signed motion for default judgment complying with the federal and local rules. Pyramid filed a motion, but after receiving a notice of noncompliance, it filed supporting materials several months later. On June 11, 2025, Judge Tostrud denied the motion for default judgment without prejudice because of deficiencies identified in the motion and supporting documents. Pyramid did not refile the motion or take any other action to prosecute the case.

Recommendation

Rule 41(b) permits dismissal when a plaintiff fails to prosecute an action or comply with the rules or a court order. The opinion explains that a federal court also has inherent authority to dismiss a case on its own for failure to prosecute, even without a defendant’s motion.

Judge Wright recommended that the action be DISMISSED WITHOUT PREJUDICE under Rule 41(b) for failure to prosecute. “Without prejudice” means the recommended dismissal would not itself bar a later refiling. The opinion is a Report and Recommendation, not a final district-court order or judgment, and therefore is not directly appealable to the Eighth Circuit. A party may file specific written objections within 14 days after being served with the recommendation.