Belliard v. Eagle Team NYC
- Paul Engelmayer
- 1:19-cv-08198
- U.S. District Court · Southern District of New York
- 2
Judge Engelmayer dismissed Belliard v. Eagle Team NYC without prejudice because Belliard failed to prosecute the case.
Ramon A. Belliard’s case was dismissed without prejudice. Eagle Team NYC remained in default-related proceedings before the dismissal, and Vadim Tarnovsky had already been dismissed from the case for lack of service.
What happened
In Belliard v. Eagle Team NYC, Ramon A. Belliard served Eagle Team NYC, which did not respond, and obtained a certificate of default. The court had earlier dismissed Vadim Tarnovsky because Belliard had not served him or timely requested more time.
The court ordered Belliard to explain why the case should not be dismissed and advised him to file a motion for default judgment by October 13, 2020. Belliard did not file that motion or otherwise move the case forward.
Judge Paul A. Engelmayer dismissed the case without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b) and the court’s inherent authority. The clerk was directed to close the case.
The detailed version
- Belliard v. Eagle Team NYC · No. 1:19-cv-08198
- Paul Engelmayer
- Oct. 14, 2020
Background
Ramon A. Belliard filed the complaint on September 3, 2019. He served Eagle Team NYC on December 12, 2019, but Eagle Team NYC did not answer, otherwise respond, or appear. On January 3, 2020, Belliard obtained a certificate of default against Eagle Team NYC from the clerk of court.
On February 6, 2020, the court dismissed Vadim Tarnovsky because Belliard had not served Tarnovsky or timely requested an extension of the service deadline. Belliard did not file a motion for default judgment against Eagle Team NYC, and the case otherwise made no progress.
Order to Show Cause
On October 6, 2020, the court ordered Belliard to show why the action should not be dismissed for failure to prosecute under Federal Rule of Civil Procedure 41. The order advised that Belliard could show cause by filing a motion for default judgment by October 13, 2020. Belliard did not file that motion or take other action to advance the case after the order.
Ruling
Judge Paul A. Engelmayer dismissed the case without prejudice under Rule 41(b) and the court’s inherent authority, citing the failure to prosecute. “Without prejudice” means the dismissal itself does not bar refiling. The clerk of court was directed to close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.