Picon v. Burning In Water LLC

Background

Yelitza Picon filed the action on October 21, 2019. The defendants were served on October 30, 2019, but did not appear or otherwise defend the case. The Court therefore directed Picon to file a motion for default judgment, which she did.

Picon later requested a 45-day adjournment of the default-judgment hearing and a stay of the case’s deadlines. The Court granted the adjournment and a 60-day stay, then directed Picon to file a status letter by June 1, 2020. She did not do so. After the Court ordered her to file the letter by June 4, warning that sanctions could include dismissal for failure to prosecute, Picon again missed the deadline and instead requested another 60-day stay. The Court denied that request and ordered her to state by noon on June 10 whether she intended to proceed with the pending default-judgment motion. She did not file the required statement or otherwise indicate that she intended to continue the case.

Court’s reasoning

Federal Rule of Civil Procedure 41(b) allows a court to dismiss an action when the plaintiff fails to prosecute or obey court orders. The court considered the required factors, including the length of the noncompliance, notice that dismissal could result, possible prejudice from further delay, the court’s need to manage its docket, the plaintiff’s opportunity to be heard, and whether a less severe sanction would be adequate. Judge Furman concluded that Picon’s repeated failures and apparent unwillingness to proceed warranted dismissal. But he determined that dismissal without prejudice was more appropriate than dismissal with prejudice.

Disposition

The Court ordered that the case be dismissed without prejudice for failure to prosecute. It also directed the Clerk of Court to close the case.