Fuentes v. 1236 Second Avenue Restaurant Corp.
- Andrew Carter
- 1:25-cv-02721
- U.S. District Court · Southern District of New York
- 1
Fuentes v. 1236 Second Avenue Restaurant Corp.: Judge Carter dismissed the case without prejudice because Fuentes failed to prosecute it.
Fuentes's action against 1236 Second Avenue Restaurant Corp. and the other named defendants was dismissed without prejudice, and the case was terminated.
What happened
In Fuentes v. 1236 Second Avenue Restaurant Corp., the court ordered Fuentes to explain why the action should not be dismissed for failure to prosecute. The order gave Fuentes until August 21, 2025, to respond.
Fuentes did not make the required showing. The court therefore dismissed the case without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute.
Judge Andrew L. Carter, Jr. directed the Clerk of Court to terminate the case. Because the dismissal was without prejudice, the order did not bar refiling.
The detailed version
- Fuentes v. 1236 Second Avenue Restaurant Corp. · No. 1:25-cv-02721
- Andrew Carter
- Oct. 2, 2025
Background
On August 14, 2025, the court ordered Fuentes to show cause—explain why the case should remain open—by August 21, 2025. The court stated that it was considering dismissal without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b).
Ruling
Fuentes did not make the required showing. The court dismissed the case without prejudice for failure to prosecute under Rule 41(b). The court also directed the Clerk of Court to terminate the case.
Effect of the Order
The order ended the case without prejudice. The opinion does not provide additional details about the reason for Fuentes's failure to prosecute or whether Fuentes was represented by counsel.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.