West v. Sophia Webster USA, LLC
- John Cronan
- 1:20-cv-03788
- U.S. District Court · Southern District of New York
- 2
In West v. Sophia Webster USA, LLC, Judge Cronan dismissed the case because West failed to pursue it after repeated court orders.
Mary West’s action against Sophia Webster USA, LLC was dismissed for failure to prosecute. The opinion does not state whether the dismissal was with or without prejudice.
What happened
In West v. Sophia Webster USA, LLC, Mary West sued Sophia Webster USA, LLC, which was served with the complaint but did not answer or appear. The case was brought on behalf of West and others similarly situated.
The court ordered West to file any request for a judgment based on the defendant’s failure to respond and to prove that she served the defendant with the order. West did neither. The court later ordered her to say whether she intended to continue and explain why the case should not be dismissed, but she did not respond.
Judge John P. Cronan dismissed the action under Federal Rule of Civil Procedure 41(b) for failure to prosecute and directed the clerk to close the case. The opinion does not state whether the dismissal was with or without prejudice.
The detailed version
- West v. Sophia Webster USA, LLC · No. 1:20-cv-03788
- John Cronan
- Jan. 11, 2021
Background
Mary West filed the complaint on May 15, 2020. Sophia Webster USA, LLC was served on May 20, 2020, making its answer or other response due on June 10, 2020. The opinion states that the defendant neither answered nor appeared during the more than six months after service.
Court Orders
On October 29, 2020, the court ordered West to file any motion for default judgment by November 17, 2020. A default judgment is a judgment sought because a defendant has failed to respond. The court also ordered West to serve the defendant with that order and any motion and to file proof of service. West filed neither a motion for default judgment nor proof that she served the October order.
On November 30, 2020, the court ordered West to inform it by December 20, 2020, whether she intended to proceed and, if so, to explain why the action should not be dismissed for failure to prosecute. The court warned that it could dismiss the action without further notice if she failed to respond. The opinion states that West did not comply with the court’s orders or show an intent to proceed.
Ruling
The court dismissed the action under Federal Rule of Civil Procedure 41(b) for failure to prosecute. Rule 41(b) permits a district court to dismiss a plaintiff’s case when the plaintiff fails to move it forward. The clerk was directed to close the case. The opinion does not state whether the dismissal was with or without prejudice and does not address the merits of West’s claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.