Teri Jon Sports, Inc. v. Readmob Technologies Limited
- Paul Engelmayer
- 1:17-cv-04043
- U.S. District Court · Southern District of New York
- 2
In Teri Jon Sports v. Readmob Technologies, Judge Engelmayer dismissed the case without prejudice because Teri Jon failed to prosecute it.
Teri Jon Sports, Inc.’s claims against Readmob Technologies (HK) Ltd. were dismissed without prejudice, and the case was closed.
What happened
Teri Jon Sports, Inc. sued Readmob Technologies (HK) Ltd. and six other defendants over trademark infringement and alleged violations of the Racketeer Influenced and Corrupt Organizations Act. Teri Jon later voluntarily dismissed the claims against the six other defendants.
Readmob was never served, and Teri Jon did not file the required motion for alternative service or take other steps to pursue the case. After warning Teri Jon that the case would be dismissed if service was not completed, the court dismissed the case without prejudice for failure to prosecute and directed the Clerk of Court to close it.
Judge Paul A. Engelmayer issued the dismissal under Federal Rule of Civil Procedure 41(b) and the court’s inherent authority.
The detailed version
- Teri Jon Sports, Inc. v. Readmob Technologies Limited · No. 1:17-cv-04043
- Paul Engelmayer
- Nov. 21, 2019
Background
Teri Jon Sports, Inc. filed a complaint on May 30, 2017, against seven defendants. The complaint asserted trademark-infringement claims and civil claims under the Racketeer Influenced and Corrupt Organizations Act, a federal law commonly known as RICO. Teri Jon voluntarily dismissed its claims against six defendants in September and October 2017.
Readmob Technologies (HK) Ltd. was the only remaining defendant, but Teri Jon never served it. On November 2, 2017, the court directed Teri Jon to file a motion seeking an alternative method of serving the foreign defendant by November 16, 2017. Teri Jon did not file that motion and did not serve Readmob.
On November 13, 2019, the court ordered Teri Jon to serve Readmob by November 19, 2019. The court warned that failure to complete service would result in dismissal without prejudice for failure to prosecute. Teri Jon did not serve Readmob or otherwise take steps to prosecute the case against it.
Ruling
The court dismissed the case, without prejudice, under Federal Rule of Civil Procedure 41(b) and the court’s inherent authority because of Teri Jon’s failure to prosecute. The court directed the Clerk of Court to close the case. The opinion does not decide whether Teri Jon’s trademark or RICO claims had merit.
Effect of the Order
The dismissal ended this case without prejudice. The opinion does not state whether Teri Jon later refiled or took any further action.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.