Paguada v. Homesublime, LLC
- John Cronan
- 1:20-cv-06667
- U.S. District Court · Southern District of New York
- 2
In Paguada v. Homesublime, Judge Cronan dismissed the action without prejudice because Paguada failed to prosecute it.
Josue Paguada and Homesublime, LLC; the action was dismissed without prejudice and the case was closed.
What happened
In Paguada v. Homesublime, LLC, the court had previously warned Josue Paguada that the case could be dismissed if he did not pursue it and extended his deadline to seek a default judgment against Homesublime, LLC.
Paguada requested another extension, which the court granted, giving him until March 15, 2021, to file the motion. He did not file that motion or otherwise follow the court’s schedule.
Judge John P. Cronan dismissed the action without prejudice for failure to prosecute and directed the Clerk of Court to close the case.
The detailed version
- Paguada v. Homesublime, LLC · No. 1:20-cv-06667
- John Cronan
- Mar. 29, 2021
Background
Josue Paguada brought this action against Homesublime, LLC on behalf of himself and others described as similarly situated. In a February 16, 2021 order, the Court detailed Paguada’s failures to pursue the case and comply with court-ordered deadlines. The Court gave him one final opportunity to proceed and extended the deadline for him to seek a default judgment against Homesublime, LLC to February 22, 2021.
Paguada then filed a letter requesting another extension. On March 4, 2021, the Court granted that request and required him to move for a default judgment by March 15, 2021. The Court warned that failing to follow the new schedule would result in dismissal for failure to prosecute without further notice.
Ruling
Paguada did not move for a default judgment by the new deadline and did not otherwise prosecute the action. Judge John P. Cronan therefore dismissed the action without prejudice for failure to prosecute. The Clerk of Court was directed to close the case.
Result
The action was dismissed without prejudice. The opinion does not state whether Paguada later took any further action.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.