Saby v. Lycee Francais De San Francisco
- Jacquelyn Corley
- 3:22-cv-05385
- U.S. District Court · Northern District of California
- 2
In Saby v. Lycee Francais De San Francisco, Judge Corley dismissed the case without prejudice after Saby failed to prosecute or respond about arbitration.
Fanny Saby's case was dismissed without prejudice after she did not initiate arbitration or respond to the court's order to show cause. Lycee Francais De San Francisco was the defendant.
What happened
In Saby v. Lycee Francais De San Francisco, the court had earlier ordered the parties to resolve the dispute through arbitration and paused the case. The defendant later reported that Saby had not started arbitration and that attempts to contact her lawyer had been unsuccessful.
The court ordered Saby to explain why the case should not be dismissed without prejudice for failing to pursue it. Saby did not respond by the deadline.
Judge Corley dismissed the case without prejudice for failure to prosecute.
The detailed version
- Saby v. Lycee Francais De San Francisco · No. 3:22-cv-05385
- Jacquelyn Corley
- June 3, 2024
Background
The court had previously granted Lycee Francais De San Francisco's motion to compel arbitration and stayed, or paused, the case while arbitration proceeded. The court directed the defendant to provide a written update on the arbitration's status by May 17, 2024.
The defendant reported that, as of May 17, 2024, Saby had not initiated arbitration. It also reported that recent attempts to contact Saby's counsel had been unsuccessful because the phone number on record for counsel had been disconnected.
Ruling
On May 21, 2024, the court ordered Saby to show cause, or explain, why the case should not be dismissed without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b). The court gave Saby until May 31, 2024, to respond. Saby did not respond.
The court therefore dismissed the case without prejudice. Judge Jacquelyn Corley entered the order on June 3, 2024.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.