Uppal v. NYS Department of Health

Background

Neelam Uppal was proceeding without a lawyer and without paying filing fees. In a September 27, 2019 opinion and order, the court allowed her to amend her complaint to add the Florida State Department of Health and Carlton Fields Law Firm. The court dismissed all other defendants from the action.

Service and Failure to Prosecute

On October 29, 2019, the court issued an order directing the clerk to send Uppal one U.S. Marshals Service Process Receipt and Return form for each remaining defendant. The order told Uppal to complete and return the forms within 30 days, or to notify the court that she wanted to serve the defendants herself and needed summonses issued directly to her. It also stated that she was responsible for serving the defendants or requesting an extension of time. The order warned that failing to serve the defendants or request an extension could result in dismissal for failure to prosecute under Rules 4(m) and 41(b) of the Federal Rules of Civil Procedure.

Uppal did not return the service forms, request that summonses be issued directly to her, file proof of service, or take other action to prosecute the case. On June 16, 2020, the court ordered her to submit a letter explaining why the case should not be dismissed under Rule 4(m). She did not submit the letter.

Ruling

Rule 41(b) permits dismissal when a plaintiff fails to prosecute a case or comply with the Federal Rules of Civil Procedure or a court order. The court concluded that Uppal failed to serve process within the required period and failed to comply with the June 16, 2020 order, which had warned that the action would be dismissed if she did not respond.

Judge Vernon S. Broderick ordered that the action be DISMISSED under Rule 41(b). The clerk was directed to close the case and mail a copy of the order to Uppal.