Varela-Itzmoyotl v. 94 Corner Cafe Corp.
- Debra Freeman
- 1:17-cv-07620
- U.S. District Court · Southern District of New York
- 2
In Varela-Itzmoyotl v. 94 Corner Cafe Corp., Judge Broderick dismissed 94 Corner Cafe Corp. without prejudice for failure to prosecute.
94 Corner Cafe Corp. was dismissed from the action without prejudice. The plaintiff’s failure to seek a default judgment by the court-ordered deadline was the stated basis for the dismissal.
What happened
Varela-Itzmoyotl v. 94 Corner Cafe Corp. involved a plaintiff suing 94 Corner Cafe Corp. and others, including on behalf of similarly situated people.
The court had ordered the plaintiff to seek a default judgment against 94 Corner Cafe Corp. by November 27, 2019. The plaintiff did not do so.
Judge Vernon S. Broderick dismissed 94 Corner Cafe Corp. from the action without prejudice for failure to prosecute under Rule 41(b) of the Federal Rules of Civil Procedure. The clerk was directed to mail the order to the defendants who were representing themselves.
The detailed version
- Varela-Itzmoyotl v. 94 Corner Cafe Corp. · No. 1:17-cv-07620
- Debra Freeman
- Dec. 3, 2019
Background
The plaintiff, Jose Mariano Varela-Itzmoyotl, sued 94 Corner Cafe Corp. and other defendants individually and on behalf of all others similarly situated. The opinion addresses only corporate defendant 94 Corner Cafe Corp.
On November 2, 2019, the court ordered the plaintiff to seek a default judgment against 94 Corner Cafe Corp. by November 27, 2019, following Rule 4(H) of the judge’s individual rules and practices. The plaintiff did not seek the default judgment by that deadline.
Ruling
The court dismissed 94 Corner Cafe Corp. from the action, without prejudice, because of the plaintiff’s failure to prosecute under Federal Rule of Civil Procedure 41(b). The court relied on its authority to dismiss a case on its own when a plaintiff fails to prosecute. The clerk was directed to mail a copy of the order to the defendants representing themselves.
Disposition
The corporate defendant 94 Corner Cafe Corp. was dismissed without prejudice. The opinion does not state a disposition as to the other defendants.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.