Paguada v. Chemist Creations Inc.
- Vernon Broderick
- 1:20-cv-07153
- U.S. District Court · Southern District of New York
- 2
In Paguada v. Chemist Creations, Judge Broderick dismissed the case without prejudice after Paguada failed to prosecute it.
Dilenia Paguada's case was dismissed without prejudice; Chemist Creations, Inc. was not required to respond further in this closed case.
What happened
In Paguada v. Chemist Creations Inc., Dilenia Paguada filed a lawsuit, but Chemist Creations, Inc. did not appear or respond to the complaint.
The court had ordered Paguada to request a judgment because the defendant had not responded by December 21, 2020. Paguada took no further action and showed no intent to continue the case.
Judge Vernon S. Broderick dismissed the case without prejudice for failure to prosecute and directed the Clerk of Court to close it.
The detailed version
- Paguada v. Chemist Creations Inc. · No. 1:20-cv-07153
- Vernon Broderick
- Dec. 28, 2020
Background
Dilenia Paguada filed the action on September 2, 2020. An electronic summons was issued on September 3, 2020. Chemist Creations, Inc. did not appear or respond to the complaint.
On December 1, 2020, the court ordered Paguada to move for a default judgment by December 21, 2020, or risk dismissal for failing to prosecute the case. The opinion states that Paguada took no action and showed no intent to prosecute the action.
Ruling
The court dismissed the action without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b). The court also directed the Clerk of Court to close the case. Because the dismissal was without prejudice, the order did not bar refiling, as stated in the court's order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.