Paguada v. Birthday In A Box, LLC
- Alison Nathan
- 1:20-cv-08261
- U.S. District Court · Southern District of New York
- 1
In Paguada v. Birthday in a Box, LLC, Judge Nathan ordered Paguada to file proof of service by June 9, warning of possible dismissal.
Josue Paguada, who was ordered to file the affidavit of service by June 9, 2021, faced a warning that his claim might be dismissed if he failed to comply.
What happened
In Paguada v. Birthday in a Box, LLC, the court said it had not received the affidavit of service it previously ordered Paguada to file.
The court ordered Paguada to comply with that earlier order by June 9, 2021. It warned that failing to do so could lead to dismissal of his claim for not pursuing the case.
Judge Alison J. Nathan issued the order on June 4, 2021. The order did not dismiss the claim; it set a deadline and warned about a possible future dismissal.
The detailed version
- Paguada v. Birthday In A Box, LLC · No. 1:20-cv-08261
- Alison Nathan
- June 4, 2021
Background
The court had ordered Plaintiff to file an affidavit of service for the court's May 25, 2021 order by June 2, 2021. An affidavit of service is a sworn statement showing that a court document was delivered as required. As of June 4, the court had not received that affidavit.
Order
The court ordered Plaintiff to comply with the May 25 order by June 9, 2021. It warned that failure to meet that deadline might result in dismissal of his claim for failure to prosecute, meaning failure to move the case forward. The court cited authority recognizing a district judge's power to dismiss an action when a plaintiff fails to prosecute.
Disposition
Judge Alison J. Nathan ordered Plaintiff to meet the June 9 deadline. The court did not dismiss the claim in this order; it warned that dismissal could follow if Plaintiff failed to comply.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.