Twardosz v. Yonkers Public School District

Background

On December 8, 2020, the court ordered Tara Twardosz to show why the case should not be dismissed for failure to prosecute, meaning failure to move the case forward. The court had also ordered her to file an amended complaint. The deadline was December 22, 2020. Twardosz did not file an amended complaint and did not otherwise communicate with the court.

Legal standard

Federal Rule of Civil Procedure 41(b) allows a court to dismiss a case when a plaintiff fails to prosecute or fails to follow the court’s rules or an order. The court explained that a district court has authority to dismiss for failure to prosecute even without a defendant’s motion. It also stated that this is a severe remedy generally reserved for extreme situations. The court considered the duration of Twardosz’s failures, the warnings she received, possible prejudice from further delay, the balance between court administration and her opportunity to be heard, and whether lesser sanctions would be effective.

Ruling

The court concluded that these factors favored dismissal. It emphasized that Twardosz had been ordered to file an amended complaint and had been told twice, over a period longer than two months, that failing to do so could result in dismissal. Judge Kenneth M. Karas dismissed Twardosz’s case without prejudice for failure to prosecute.