Allied World Surplus Lines Insurance Company v. Hoffman International, Inc.

Background

The case is a removed subrogation action involving Allied World Surplus Lines Insurance Company, formerly known as Darwin Select Insurance Company, as subrogee of Tappan Zee Constructors, LLC, and Hoffman International, Inc., doing business as Hoffman Equipment Company, The Manitowoc Company, Inc., and Grove U.S. LLC. The opinion states that the case was reassigned to Judge Halpern on April 16, 2020.

After the reassignment, the court directed the parties to provide a status update. The parties reported that this action was proceeding under docket number 19-cv-7073, which was also later reassigned to Judge Halpern. The opinion also refers to a related action under docket number 17-cv-08874. The parties consented in the 19-cv-7073 case to proceed before Magistrate Judge McCarthy in connection with that related action. Since the parties' April 30, 2020 letter, there had been no activity on docket number 19-cv-06931.

Order to Show Cause

Federal Rule of Civil Procedure 41(b) allows a district judge to dismiss a complaint for failure to prosecute, meaning failure to move the case forward. The court ordered the respondent to show cause in writing by August 21, 2020, why this removed action should not be dismissed with prejudice for failure to prosecute.

Disposition

The court did not dismiss the case in this order. It warned that failure to comply with the order would result in dismissal of the case. Judge Halpern signed the order on August 3, 2020.