Dominguez v. Anthom LLC
- Ronnie Abrams
- 1:20-cv-00206
- U.S. District Court · Southern District of New York
- 2
In Dominguez v. Anthom LLC, Judge Abrams dismissed the action without prejudice after Dominguez failed to respond to repeated court orders.
Yovanny Dominguez's action was dismissed without prejudice, and Anthom LLC was directed to receive a copy of the order. The clerk was directed to close the case.
What happened
Dominguez v. Anthom LLC began after Yovanny Dominguez filed an action on January 9, 2020. He later told the court that the parties were discussing settlement and requested additional time to seek a default judgment.
The court ordered Dominguez several times to provide status updates after he filed no default-judgment papers or other submissions. Dominguez did not respond to any of those orders or otherwise indicate that he intended to continue the case.
Judge Ronnie Abrams dismissed the action without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute, meaning failure to move the case forward or follow court orders. The clerk was directed to close the case, and Dominguez was directed to provide Anthom LLC with a copy of the order.
The detailed version
- Dominguez v. Anthom LLC · No. 1:20-cv-00206
- Ronnie Abrams
- Aug. 4, 2020
Background
Yovanny Dominguez filed this action on January 9, 2020. On March 11, 2020, he notified the court that the parties were close to reaching a settlement and requested two additional weeks to try to settle the matter. The court granted that request. On April 17, 2020, Dominguez stated that he had been communicating with Anthom LLC about settlement and requested until May 29, 2020, to move for a default judgment. The court granted that request as well.
Failure to Respond
The court received no default-judgment papers or other submissions from Dominguez by July 6, 2020. It ordered him to file a status letter by July 10. After he did not do so, the court issued additional orders on July 17 and July 28 requiring status letters by July 24 and July 31, respectively. Those orders warned that the action could be dismissed for failure to prosecute under Federal Rule of Civil Procedure 41(b). As of August 4, Dominguez had not responded to any of those orders or otherwise indicated that he intended to pursue the action.
Ruling
Rule 41(b) permits a district court to dismiss an action when a plaintiff fails to prosecute the case or comply with a court order. The court dismissed this action without prejudice under Rule 41(b) for failure to prosecute. The clerk was directed to close the case, and Dominguez was directed to provide Anthom LLC with a copy of the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.