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S.D.N.Y.Procedural orderFiled Apr. 1, 2021

Angeles v. Bike Bandit, LLC

Judge
Andrew Carter
Docket
1:20-cv-08560
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Angeles v. Bike Bandit, LLC, Judge Carter dismissed the case without prejudice because Angeles failed to prosecute.

Who this affects

Jenisa Angeles and the case brought on behalf of others similarly situated. The opinion does not discuss any separate effect on those other people.

What happened

Angeles v. Bike Bandit, LLC was brought by Jenisa Angeles on behalf of himself and others similarly situated. The court had ordered Angeles to explain why the case should not be dismissed for failure to prosecute.

The court set February 10, 2021, as the deadline for that explanation, but Angeles did not make the required showing. The opinion does not describe the underlying claims.

Judge Andrew L. Carter, Jr. dismissed the case without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b).

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Angeles v. Bike Bandit, LLC · No. 1:20-cv-08560
Judge
Andrew Carter
Date
Apr. 1, 2021

Background

Jenisa Angeles brought this action against Bike Bandit, LLC on behalf of himself and others similarly situated. The opinion does not describe the underlying claims.

Court’s Prior Order

On January 20, 2021, the court ordered Angeles to show cause—meaning to explain—by February 10, 2021, why the action should not be dismissed without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b). The court stated that Angeles did not make the required showing.

Ruling

The court dismissed the case without prejudice for failure to prosecute under Rule 41(b). The opinion cites authority stating that this rule gives a district court authority to dismiss a plaintiff’s case on its own for failure to prosecute. The order does not address the merits of the underlying claims.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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