Monge v. Midtown Trackage Ventures LLC
- Andrew Carter
- 1:18-cv-11087
- U.S. District Court · Southern District of New York
- 1
In Monge v. Midtown Trackage Ventures LLC, Judge Carter dismissed the action without prejudice because Javier Monge failed to prosecute it.
Javier Monge's action against Midtown Trackage Ventures LLC was dismissed without prejudice for failure to prosecute.
What happened
In Monge v. Midtown Trackage Ventures LLC, the court ordered Javier Monge to explain why his case should not be dismissed for failing to pursue it.
Monge did not submit the required explanation by the deadline set by the court.
Judge Andrew L. Carter, Jr. dismissed the case without prejudice under Rule 41(b) of the Federal Rules of Civil Procedure for failure to prosecute.
The detailed version
- Monge v. Midtown Trackage Ventures LLC · No. 1:18-cv-11087
- Andrew Carter
- Jan. 29, 2020
Background
The court had ordered Javier Monge to show cause—meaning to explain—why the action should not be dismissed without prejudice for failure to prosecute under Rule 41(b) of the Federal Rules of Civil Procedure. The order required the explanation by December 5, 2019.
Ruling
The court stated that Monge did not make the required showing. It therefore dismissed the case without prejudice for failure to prosecute under Rule 41(b).
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.