Reid v. Buscemi, LLC

Background

Valentin Reid filed the complaint on July 15, 2019. The opinion states that Reid never filed an affidavit of service showing that Buscemi, LLC had been served. Reid also did not communicate with the court after filing the complaint.

On November 19, 2019, the court ordered Reid to file proof of service by November 26 and to serve that order on Buscemi, LLC. The court warned that failing to comply could result in dismissal for failure to prosecute. After no filings were made, the court gave Reid a final opportunity on December 5, 2019, setting a December 16 deadline and again warning that noncompliance would result in dismissal. Reid never filed proof of service or responded.

Legal standard

Federal Rule of Civil Procedure 41(b) allows a court to dismiss an action when a plaintiff fails to prosecute the case or comply with court rules or an order. The court considered five factors: how long the plaintiff failed to comply, whether the plaintiff was warned about dismissal, whether delay likely prejudiced the defendant, the court’s interest in managing its docket compared with the plaintiff’s opportunity to be heard, and whether a less severe sanction would be appropriate.

Ruling

The court concluded that dismissal was appropriate. Reid had failed to comply with the court’s orders for more than two months, had received express warnings, and had not communicated an intention to participate in the case. The court recognized that relatively little prejudice had been caused to Buscemi, LLC, but found that the other factors favored dismissal.

The court noted that dismissal with prejudice is the usual sanction for failure to prosecute but is reserved for extreme situations. Because this case was not an extreme situation, the court imposed the lesser sanction of dismissal without prejudice for failure to prosecute. The Clerk of Court was directed to close the case. The opinion did not address the merits of Reid’s underlying claims.