Cato v. Images Cosmetic Surgery
- Andrew Carter
- 1:18-cv-08198
- U.S. District Court · Southern District of New York
- 1
In Cato v. Images Cosmetic Surgery, Judge Carter dismissed Dr. Stephanie Cato’s case without prejudice because she failed to prosecute it.
Dr. Stephanie Cato’s case was dismissed without prejudice for failure to prosecute. The opinion does not describe any separate relief involving the defendants.
What happened
Cato v. Images Cosmetic Surgery concerned Dr. Stephanie Cato’s case against Images Cosmetic Surgery and other defendants. The opinion does not describe the underlying claims.
The court had ordered Dr. Cato to explain why the case should not be dismissed without prejudice for failing to prosecute it. The opinion states that she did not make the required showing.
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
- Cato v. Images Cosmetic Surgery · No. 1:18-cv-08198
- Andrew Carter
- June 3, 2020
Background
The opinion states that on December 3, 2019, the court ordered Dr. Stephanie Cato to show why her action should not be dismissed without prejudice for failure to prosecute under Rule 41(b) of the Federal Rules of Civil Procedure. The opinion gives January 13, 2019, as the deadline for that showing.
Ruling
The court stated that Dr. Cato did not make the required showing. It therefore dismissed the case without prejudice for failure to prosecute under Rule 41(b). The opinion does not address the merits of the claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.