Cruz v. Will Leather Goods
- Vernon Broderick
- 1:20-cv-05143
- U.S. District Court · Southern District of New York
- 2
Judge Broderick dismissed Cruz v. Will Leather Goods without prejudice because Cruz did not prosecute the case.
The dismissal ended Shael Cruz's action against Will Leather Goods without prejudice. The opinion does not address the underlying claims.
What happened
In Cruz v. Will Leather Goods, Shael Cruz sued Will Leather Goods, but the defendant did not appear or respond to the complaint.
The court ordered Cruz to request a default judgment by November 20, 2020, warning that the case could be dismissed if Cruz did not act. Cruz took no further action and showed no intent to continue the case.
Judge Vernon S. Broderick dismissed the action without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b) and directed the Clerk of Court to close the case.
The detailed version
- Cruz v. Will Leather Goods · No. 1:20-cv-05143
- Vernon Broderick
- Nov. 24, 2020
Background
Shael Cruz filed the action on July 6, 2020. An electronic summons was issued the next day. Will Leather Goods did not appear or respond to the complaint.
Court-Ordered Deadline
On November 5, 2020, the court ordered Cruz to move for a default judgment by November 20, 2020, or risk dismissal for failure to prosecute. The opinion states that Cruz took no action after that order and showed no intent to prosecute the action.
Ruling
Judge Vernon S. Broderick dismissed the action without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b). The Clerk of Court was directed to close the case. The court cited its authority to dismiss a case on its own for failure to prosecute.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.