Calcano v. Sahadi Fine Foods Inc.
- Alison Nathan
- 1:19-cv-09726
- U.S. District Court · Southern District of New York
- 1
In Calcano v. Sahadi Fine Foods, Judge Nathan noted that the action may be dismissed for failure to prosecute and gave Calcano one week to clarify.
Marcos Calcano, because the court warned that his action may be dismissed for failure to prosecute if the requested clarification is not submitted.
What happened
In Calcano v. Sahadi Fine Foods Inc., the court had previously ordered Marcos Calcano to clarify whether he wanted to dismiss the action under Federal Rule of Civil Procedure 41(a). The deadline was November 7, but the court had not received his submission as of this order.
The court gave Calcano one week from the order’s date to submit the clarification. The order states that the action may be dismissed for failure to prosecute, meaning failure to move the case forward.
Judge Alison J. Nathan issued this order. The text does not state that the action was dismissed; it warns that dismissal may occur if the required clarification is not submitted.
The detailed version
- Calcano v. Sahadi Fine Foods Inc. · No. 1:19-cv-09726
- Alison Nathan
- Nov. 20, 2019
Background
Pursuant to an October 31, 2019 order, the court directed Plaintiff Marcos Calcano to clarify by November 7 whether he sought dismissal of the action under Federal Rule of Civil Procedure 41(a), the rule governing voluntary dismissal of an action.
Court’s Action
As of the date of the order, the court had not received Calcano’s submission. The court stated that if Calcano submitted a clarification within one week of the order, the action may be dismissed for failure to prosecute. Failure to prosecute means failing to move the case forward. The order cited authority recognizing a district judge’s power to dismiss an action on that basis.
Disposition
The order did not state that the action was dismissed. It required no immediate final dismissal but warned of possible dismissal and allowed one week for Calcano to submit the requested clarification. Alison J. Nathan signed the order as United States District Judge.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.