Herbert v. S. Carter Enterprises, LLC
- Andrew Carter
- 1:18-cv-05352
- U.S. District Court · Southern District of New York
- 1
In Herbert v. S. Carter Enterprises, LLC, Judge Carter dismissed the action without prejudice because Herbert failed to prosecute.
Herbert’s action was dismissed without prejudice; the opinion identifies S. Carter Enterprises, LLC and other defendants as the opposing parties.
What happened
In Herbert v. S. Carter Enterprises, LLC, the court ordered Herbert to explain why the action should not be dismissed without prejudice for failing to prosecute.
Herbert did not make the required showing by the deadline set in the order.
Judge Andrew L. Carter, Jr. dismissed the case without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute.
The detailed version
- Herbert v. S. Carter Enterprises, LLC · No. 1:18-cv-05352
- Andrew Carter
- Sept. 2, 2020
Background
On August 25, 2020, the court ordered Herbert to show cause—explain why—the action should not be dismissed without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b). The opinion states that Herbert did not make the required showing by the deadline.
Ruling
The court dismissed the case without prejudice for failure to prosecute under Rule 41(b). The order relied on the rule allowing a district court to dismiss a plaintiff’s case on its own for failure to prosecute. The order was signed by Andrew L. Carter, Jr., United States District Judge.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.