Burbon v. Famiglia International, LLC
- Andrew Carter
- 1:18-cv-08950
- U.S. District Court · Southern District of New York
- 1
In Burbon v. Famiglia International, Judge Carter dismissed the action without prejudice because the plaintiff failed to prosecute it.
Luc Burbon's action, brought on behalf of herself and others similarly situated, was dismissed without prejudice.
What happened
In Burbon v. Famiglia International, LLC, Luc Burbon brought an action on behalf of herself and others similarly situated against Famiglia International, LLC.
The court had ordered the plaintiffs to explain by October 24, 2019 why the case should not be dismissed for failure to prosecute. No explanation was filed.
Judge Andrew L. Carter, Jr. dismissed the case without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute.
The detailed version
- Burbon v. Famiglia International, LLC · No. 1:18-cv-08950
- Andrew Carter
- Dec. 2, 2019
Background
Luc Burbon filed this action on behalf of herself and others similarly situated against Famiglia International, LLC. The opinion does not describe the underlying claims.
On October 3, 2019, the court ordered the plaintiffs to show cause—that is, to explain—by October 24, 2019 why the action should not be dismissed without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b). The opinion states that the plaintiffs did not make the required showing.
Ruling
The court dismissed the case without prejudice for failure to prosecute under Rule 41(b). The court cited precedent recognizing that Rule 41(b) allows a district court to dismiss a plaintiff's case on its own for failure to prosecute.
Effect
The order ended this action, but the dismissal was without prejudice. The opinion does not provide additional information about the underlying claims or any further proceedings.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.