Ruiz Florez v. 88 Orchard Coffee LLC
- Vernon Broderick
- 1:19-cv-10176
- U.S. District Court · Southern District of New York
- 2
In Ruiz Florez v. 88 Orchard Coffee, Judge Broderick dismissed the action because Ruiz Florez failed to serve defendants and obey a court order.
The dismissal ended Carlos Ruiz Florez's action against 88 Orchard Coffee LLC and Limchi Sang, and the clerk was directed to close the case.
What happened
In Carlos Ruiz Florez v. 88 Orchard Coffee LLC and Limchi Sang, Ruiz Florez filed an action on November 1, 2019, and obtained summonses. The opinion does not describe the claims.
Ruiz Florez did not file proof that the defendants had been served or take other steps to pursue the case. The court ordered him to explain why the case should not be dismissed, but he did not submit the required letter by the deadline.
Judge Vernon S. Broderick dismissed the action under Federal Rule of Civil Procedure 41(b) for failing to pursue the case and comply with a court order. The clerk was directed to close the case.
The detailed version
- Ruiz Florez v. 88 Orchard Coffee LLC · No. 1:19-cv-10176
- Vernon Broderick
- Feb. 11, 2020
Background
Carlos Ruiz Florez filed this action against 88 Orchard Coffee LLC and Limchi Sang on November 1, 2019. He obtained summonses on November 5, 2019. The opinion does not identify the claims or explain the dispute's underlying facts.
Failure to Serve and Prosecute
The court stated that Ruiz Florez did not file an affidavit of service or take any other action to prosecute the case. On February 4, 2020, the court ordered him to submit a letter showing good cause under Federal Rule of Civil Procedure 4(m) why the case should not be dismissed. The order warned that failure to submit the letter would result in dismissal. The deadline passed without Ruiz Florez filing the required letter.
Ruling
Federal Rule of Civil Procedure 41(b) permits dismissal when a plaintiff fails to prosecute an action or comply with the Federal Rules of Civil Procedure or a court order. The court also stated that Ruiz Florez appeared not to have complied with Rule 4(m), which requires service of process within 90 days after filing the complaint. Judge Vernon S. Broderick ordered that the action be dismissed under Rule 41(b) and directed the clerk to close the case. The opinion does not state that the dismissal was with or without prejudice.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.