McKnight v. N.A.I.C.A.
- Ronnie Abrams
- 1:19-cv-05271
- U.S. District Court · Southern District of New York
- 1
In McKnight v. N.A.I.C.A., Judge Abrams ordered a response to the pending dismissal motion and warned the case could be dismissed for failure to prosecute.
Therin B. McKnight, and the defendants N.A.I.C.A., Greg Moly, and Lucy Sanchez.
What happened
In McKnight v. N.A.I.C.A., the defendants asked the court to dismiss Therin B. McKnight’s complaint. The court had twice extended the deadline for McKnight to respond, but had not received a response.
The court ordered McKnight to file either a response to the dismissal motion or a letter saying that no response would be filed by January 15, 2020. If McKnight chose not to oppose the motion but continued the case, the court would consider the motion fully submitted.
Judge Ronnie Abrams warned that the court may dismiss the case for failure to prosecute if McKnight did not respond to the order. The order did not decide the defendants’ motion to dismiss.
The detailed version
- McKnight v. N.A.I.C.A. · No. 1:19-cv-05271
- Ronnie Abrams
- Dec. 30, 2019
Background
Defendants N.A.I.C.A., Greg Moly, and Lucy Sanchez filed a motion to dismiss McKnight’s complaint on September 24, 2019. The court granted McKnight’s first request for more time to respond on October 7, and granted a second extension on November 4, setting November 21 as the response deadline. The court had not received McKnight’s response by the date of this order.
Order
The court ordered McKnight to file, by January 15, 2020, either a response to the motion to dismiss or a letter stating that McKnight did not intend to respond. If McKnight continued the case but chose not to oppose the motion, the court would treat the motion as fully submitted and consider it. If McKnight did not respond to the order, the court stated that it may dismiss the action for failure to prosecute under Federal Rule of Civil Procedure 41(b).
The court also directed the Clerk of Court to mail a copy of the order to McKnight. Judge Ronnie Abrams did not rule on the motion to dismiss or decide the merits of the complaint.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.