Pierno v. Fidelity Brokerage Services, LLC
- Alison Nathan
- 1:18-cv-03384
- U.S. District Court · Southern District of New York
- 2
In Pierno v. Fidelity Brokerage Services, LLC, Judge Nathan dismissed the action after Pierno refused to participate in ordered arbitration.
Rinaldo Pierno's action against Fidelity Brokerage Services, LLC was dismissed for failure to prosecute after he refused to participate in court-ordered arbitration.
What happened
Pierno v. Fidelity Brokerage Services, LLC had been paused after the court ordered the parties to arbitrate. No arbitration began because Pierno refused to participate and said he would continue refusing.
The court found that more than a year had passed and that Pierno had not pursued the case despite a warning that it could be dismissed for failing to do so. It dismissed the action for failure to prosecute and directed the Clerk of Court to close the case.
Judge Alison J. Nathan issued the October 22, 2020 order. The opinion does not state that the dismissal was with or without prejudice.
The detailed version
- Pierno v. Fidelity Brokerage Services, LLC · No. 1:18-cv-03384
- Alison Nathan
- Oct. 22, 2020
Background
On January 16, 2019, the court granted Fidelity Brokerage Services, LLC's motion to compel arbitration and stayed the action while arbitration proceeded. Pierno informed the court that no arbitration had begun because he refused to participate, and he continued to state that he would not participate in arbitration.
Court's Reasoning
The court applied the factors identified in LeSane v. Hall's Sec. Analyst, Inc. and determined that dismissal for failure to prosecute under Federal Rule of Civil Procedure 41(b) was appropriate. The court emphasized that more than a year had passed since the order requiring arbitration and that Pierno continued to refuse arbitration even after receiving a warning that the action could be dismissed for failure to prosecute.
Disposition
The court dismissed the action. It directed the Clerk of Court to close the case and to mail Pierno a copy of the order, recording the mailing on the public docket. The opinion does not specify whether the dismissal was with or without prejudice.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.