Catahan v. Eco Community Cleaners Inc.
- Analisa Torres
- 1:20-cv-01749
- U.S. District Court · Southern District of New York
- 1
In Catahan v. Eco Community Cleaners Inc., Judge Torres adjourned the conference and ordered prosecution steps, warning that noncompliance could lead to dismissal.
Plaintiff Noel G. Catahan was ordered to move for a default judgment or otherwise take steps to prosecute the action by November 30, 2020. The defendants and the pending action were affected by the adjournment and the warning that the action could be dismissed if Catahan did not comply.
What happened
In Catahan v. Eco Community Cleaners Inc., the court said the parties had not submitted a required joint letter and proposed plan for managing the case. The court had previously ordered those filings before the initial pretrial conference.
The court said the submissions remained overdue after another deadline. It reminded Plaintiff Noel G. Catahan that failing to follow court orders or move the case forward could result in dismissal under Rule 41(b) of the Federal Rules of Civil Procedure.
Judge Analisa Torres adjourned the November 19, 2020, initial pretrial conference without setting a new date. She ordered Catahan by November 30, 2020, to seek a default judgment or otherwise take steps to prosecute the case, and warned that failing to do so would result in dismissal. The court did not dismiss the case in this order.
The detailed version
- Catahan v. Eco Community Cleaners Inc. · No. 1:20-cv-01749
- Analisa Torres
- Nov. 13, 2020
Background
The court had ordered the parties to submit a joint letter and proposed case-management plan by September 14, 2020, before an initial pretrial conference. The parties did not comply. On October 15, 2020, the court adjourned the conference and again directed the parties to submit the required materials, or directed Catahan to move for default, by November 12, 2020. Those submissions were also overdue.
Court’s warning
The court stated that Catahan had failed to comply with multiple court orders. It explained that Federal Rule of Civil Procedure 41(b) allows a court to dismiss an action when a plaintiff fails to prosecute the case or comply with the federal rules or a court order. The court also noted that it may do so on its own initiative.
Order
Judge Analisa Torres adjourned the initial pretrial conference scheduled for November 19, 2020, without setting a new date. The court ordered Catahan, by November 30, 2020, to move for a default judgment under the court’s individual practices or otherwise take steps to prosecute the action. The order warned that failure to do so would result in dismissal under Rule 41(b). The court did not dismiss the action in this order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.