Atterberry v. Huntington National Bank

Background

Jameelah Atterberry, proceeding without a lawyer, brought this action alleging violations of the Fair Credit Reporting Act. She originally filed the case in New York state court, and The Huntington National Bank and Huntington Bancshares Incorporated removed it to the U.S. District Court for the Southern District of New York.

After the case was reassigned to Judge Halpern, the court directed the parties to provide a status update. The defendants explained that they had sought permission to file a motion to dismiss and that Atterberry had not responded to their earlier letter because she did not know a response was expected. The court then allowed the defendants to file the motion and established deadlines for the motion, opposition, and reply papers. The defendants filed and served their motion on May 18, 2020.

Failure to Prosecute

The court stated that Federal Rule of Civil Procedure 41(b) allows a district judge to dismiss a case for failure to prosecute, including without waiting for a party to request dismissal. The court found that Atterberry had never filed any document in the matter and had not filed anything for more than eight months after the deadline to oppose the motion to dismiss. The court said this lack of activity impeded the orderly and prompt handling of cases. It acknowledged Atterberry’s status as a self-represented litigant but stated that her lack of effort might indicate that her claims lacked merit.

Order

Judge Halpern ordered Atterberry to show cause in writing, by February 12, 2021, why the action should not be dismissed with prejudice for failure to prosecute under Rule 41(b). The order directed the defendants to serve Atterberry and file proof of service. It also stated that failure to comply with the order would result in dismissal of the action for failure to prosecute. The order did not dismiss the case at that time.