Zean v. Comcast Broadband Security
- Wilhelmina Wright
- 0:17-cv-05117
- U.S. District Court · District of Minnesota
- 2
In Zean v. Comcast Broadband Security, Judge Wright dismissed the action with prejudice because Zean failed to prosecute it.
The dismissal ended Samuel Gaygbou Zean’s action against Comcast Broadband Security, LLC, and the other defendants, with prejudice for failure to prosecute.
What happened
Samuel Gaygbou Zean started the lawsuit in November 2017 against Comcast Broadband Security, LLC, and others. The court said he had filed nothing since the court denied his motions to vacate an arbitration award on December 17, 2019; his last filing was on September 27, 2019.
The court relied on Rule 41(b) of the Federal Rules of Civil Procedure and its authority to manage cases. It concluded that dismissing the action for failure to prosecute was warranted.
Judge Wilhelmina M. Wright ordered that the action be dismissed with prejudice for failure to prosecute and directed that judgment be entered.
The detailed version
- Zean v. Comcast Broadband Security · No. 0:17-cv-05117
- Wilhelmina Wright
- Feb. 2, 2021
Background
Samuel Gaygbou Zean commenced this lawsuit in November 2017. The court stated that Zean filed nothing after the court denied his motions to vacate an arbitration award on December 17, 2019. The court identified September 27, 2019, as Zean’s last filing in the case.
Legal Standard
Under Rule 41(b) of the Federal Rules of Civil Procedure, and under a district court’s inherent authority to manage its cases, a court may dismiss a complaint for failure to prosecute. The opinion explains that an involuntary dismissal under Rule 41(b), except in limited circumstances not presented here, operates as an adjudication on the merits.
Ruling
The court concluded that dismissal for failure to prosecute was warranted. Judge Wilhelmina M. Wright ordered that the action be dismissed with prejudice for failure to prosecute and directed that judgment be entered.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.