Vargas Sanchez v. Primos Live Poultry Inc.
- Analisa Torres
- 1:20-cv-04327
- U.S. District Court · Southern District of New York
- 1
In Vargas Sanchez v. Primos Live Poultry, Judge Torres ordered Plaintiff to resubmit default-judgment materials by November 30 or face dismissal for failing to follow court orders.
Plaintiff Antonia Vargas Sanchez, the defendants, and the pending action were affected by the deadline and warning of possible dismissal; the court did not decide the underlying claims.
What happened
In Vargas Sanchez v. Primos Live Poultry Inc., the court addressed Plaintiff’s failure to submit materials required for a default judgment. The opinion does not decide the underlying claims.
The court had twice ordered Plaintiff to resubmit the materials. Plaintiff did not comply with either order, so the court gave a final deadline of November 30, 2020.
Judge Analisa Torres warned that failing to meet the deadline would result in dismissal under Federal Rule of Civil Procedure 41(b), which allows dismissal for failure to prosecute or obey a court order. The court did not dismiss the case in this order.
The detailed version
- Vargas Sanchez v. Primos Live Poultry Inc. · No. 1:20-cv-04327
- Analisa Torres
- Nov. 13, 2020
Background
Plaintiff Antonia Vargas Sanchez brought the action individually and on behalf of others similarly situated against Primos Live Poultry Inc., doing business as Viverolos Primos #2, Pedro Rodriguez, Abdul Doe, and Hareh Doe. The opinion concerns Plaintiff’s submissions seeking a default judgment; it does not describe or decide the underlying claims.
Prior Orders and Noncompliance
On July 17, 2020, the court directed Plaintiff to resubmit the default-judgment materials in accordance with Attachment A to the court’s Individual Practices in Civil Cases by August 14, 2020. Plaintiff did not comply. On October 6, 2020, the court issued another order, adjourned the initial pretrial conference without setting a new date, and again directed Plaintiff to resubmit the materials. Plaintiff again did not comply.
Ruling
The court stated that Federal Rule of Civil Procedure 41(b) permits dismissal when a plaintiff fails to prosecute or comply with the federal rules or a court order. Judge Analisa Torres ordered Plaintiff to resubmit the default-judgment materials by November 30, 2020. The order states that failure to do so would result in dismissal under Rule 41(b). This order itself did not dismiss the action or rule on the request for default judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.