Reid v. Lilyrain Jewelry LLC
- Vernon Broderick
- 1:19-cv-04812
- U.S. District Court · Southern District of New York
- 2
In Reid v. Lilyrain Jewelry, Judge Broderick dismissed the action without prejudice after Reid failed to pursue it and Lilyrain did not appear.
The dismissal ended Valentin Reid’s action against Lilyrain Jewelry LLC at the district-court level, and the case was closed. The dismissal was without prejudice.
What happened
In Reid v. Lilyrain Jewelry LLC, Valentin Reid brought an action on behalf of himself and others similarly situated. Lilyrain Jewelry LLC did not respond to the amended complaint or appear in the case.
The court had ordered Reid to seek a default judgment by November 4, 2019, or risk dismissal for failing to prosecute the case. Reid took no further action and showed no intent to continue pursuing it.
Judge Broderick dismissed the action without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b) and directed the clerk to close the case.
The detailed version
- Reid v. Lilyrain Jewelry LLC · No. 1:19-cv-04812
- Vernon Broderick
- Nov. 14, 2019
Background
Valentin Reid filed this action on May 23, 2019, on behalf of himself and all others similarly situated. The opinion states that Lilyrain Jewelry LLC failed to respond to the amended complaint or otherwise appear in the case. Reid filed an affidavit of service, and the court later directed him to move for a default judgment by November 4, 2019, or risk dismissal for failure to prosecute.
Court’s reasoning
No action had been taken after that order, and the court found that Reid had shown no intent to prosecute the action. Federal Rule of Civil Procedure 41(b) permits a district court to dismiss an action for failure to prosecute, including on the court’s own initiative.
Ruling
Judge Vernon S. Broderick dismissed the action without prejudice for failure to prosecute under Rule 41(b). The clerk of court was directed to close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.