United States v. Public Health Solutions
- Paul Engelmayer
- 1:16-cv-06029
- U.S. District Court · Southern District of New York
- 2
Judge Engelmayer dismissed United States v. Public Health Solutions without prejudice after plaintiffs failed to serve the defendant and did not respond.
The United States, the State of New York, J. Doe, and Public Health Solutions were affected by the dismissal; the case was closed without prejudice.
What happened
In United States v. Public Health Solutions, the court said the plaintiffs had not served the summons and complaint within the required period. The case involved the United States, New York, and J. Doe as plaintiffs, and Public Health Solutions as the defendant.
The court ordered the plaintiffs to explain why the case should not be dismissed for failure to prosecute. The order warned that the case would be dismissed if the plaintiffs did not provide a written explanation by March 15, 2021. The court received no communication from them.
Judge Engelmayer dismissed the case without prejudice under Federal Rule of Civil Procedure 41(b) and the court’s inherent authority, and directed the Clerk of Court to close the case.
The detailed version
- United States v. Public Health Solutions · No. 1:16-cv-06029
- Paul Engelmayer
- Mar. 17, 2021
Background
The complaint was unsealed on October 26, 2020. The plaintiffs were the United States of America, the State of New York, and J. Doe. The defendant was Public Health Solutions.
Failure to Prosecute
The court previously issued an order requiring the plaintiffs to show why the action should not be dismissed for failure to prosecute. The stated basis was that the plaintiffs had not served the summons and complaint within the 90-day period required by Federal Rule of Civil Procedure 4(m). The order advised that, absent a written communication from the plaintiffs by March 15, 2021, showing good cause for the failure to serve within 120 days, the court would dismiss the claims against the defendant.
The court stated that it had received no written communication from the plaintiffs after issuing the order to show cause. The opinion refers to the earlier order once as dated March 1, 2020, and later as dated March 1, 2021.
Ruling
Judge Paul A. Engelmayer dismissed the case, without prejudice, under Federal Rule of Civil Procedure 41(b) and the court’s inherent authority. The court dismissed for the plaintiffs’ failure to prosecute and directed the Clerk of Court to close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.