Tsismentzoglou v. Milos Estiatorio Inc.
- Ronnie Abrams
- 1:18-cv-09664
- U.S. District Court · Southern District of New York
- 2
In Tsismentzoglou v. Milos Estiatorio, Judge Abrams dismissed the action without prejudice after the plaintiff repeatedly failed to respond.
John Tsismentzoglou's action against Milos Estiatorio Inc. and the other defendants was dismissed without prejudice; the court also terminated the pending motions and closed the case.
What happened
John Tsismentzoglou sued Milos Estiatorio Inc. and other defendants. After defendants moved to dismiss, the court repeatedly ordered Tsismentzoglou to respond or state that he did not intend to respond. He filed nothing.
The court dismissed the action without prejudice under Federal Rule of Civil Procedure 41(b) because Tsismentzoglou failed to pursue the case and comply with court orders. The court also directed the clerk to terminate all pending motions and close the case.
Judge Ronnie Abrams issued the order on November 18, 2019. The opinion does not state whether Tsismentzoglou was represented by a lawyer.
The detailed version
- Tsismentzoglou v. Milos Estiatorio Inc. · No. 1:18-cv-09664
- Ronnie Abrams
- Nov. 18, 2019
Background
John Tsismentzoglou filed the action on October 19, 2018. He later filed a First Amended Complaint and a Second Amended Complaint. On September 6, 2019, Milos Estiatorio Inc. and the other defendants moved to dismiss.
The court directed Tsismentzoglou to file opposition papers by September 27, 2019, but he did not respond. On October 22, 2019, the court ordered him to respond to the motion or submit a letter stating that he did not intend to respond. The court warned that failure to do so could result in dismissal for failure to prosecute under Federal Rule of Civil Procedure 41(b). Tsismentzoglou did not respond. On November 4, 2019, the court gave him another deadline of November 11, 2019, and again warned that the action would be dismissed if he did not respond. He still did not respond or otherwise indicate that he intended to pursue the case.
Ruling
Rule 41(b) allows a district court to dismiss an action when a plaintiff fails to prosecute the case or comply with court rules or orders. Judge Ronnie Abrams dismissed the action without prejudice under Rule 41(b). The clerk was directed to terminate all pending motions and close the case. The opinion does not decide the substance of defendants' motion to dismiss.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.