Local 210 Pension Fund v. Super Pack Warehouse & Distribution Inc.
- Paul Engelmayer
- 1:18-cv-11084
- U.S. District Court · Southern District of New York
- 2
In Local 210 Pension Fund v. Super Pack Warehouse, Judge Engelmayer dismissed the case without prejudice for the plaintiffs’ failure to prosecute.
The dismissal ended the plaintiffs’ action against Super Pack Warehouse & Distribution Inc. without prejudice.
What happened
Local 210 Pension Fund v. Super Pack Warehouse & Distribution Inc. began when the plaintiffs filed a complaint on November 28, 2018. They took no further steps to move the case forward.
The court later ordered the plaintiffs to explain why the case should not be dismissed for failure to prosecute. The order said they could show cause by requesting a certificate of default and filing a motion for default judgment, but they did neither and took no other action.
Judge Paul A. Engelmayer dismissed the case without prejudice under Federal Rule of Civil Procedure 41(b) and the court’s inherent power. He directed the Clerk of Court to close the case.
The detailed version
- Local 210 Pension Fund v. Super Pack Warehouse & Distribution Inc. · No. 1:18-cv-11084
- Paul Engelmayer
- Jan. 19, 2022
Background
The plaintiffs filed the complaint on November 28, 2018. According to the court, they then took no further steps to prosecute the action.
On September 29, 2021, the court issued an order to show cause—an order requiring the plaintiffs to explain why the case should not be dismissed for failure to prosecute under Federal Rule of Civil Procedure 41. The order stated that the plaintiffs could show cause by properly requesting a certificate of default from the Clerk of Court and filing a motion for default judgment by October 15, 2021. The plaintiffs did not take those steps and did not otherwise make progress in the case.
Ruling
The court dismissed the case, without prejudice, for failure to prosecute under Federal Rule of Civil Procedure 41(b) and the court’s inherent power. The court also directed the Clerk of Court to close the case. The opinion did not address the merits of the plaintiffs’ claims.
Classification
This is a procedural order because the court dismissed the case for failure to prosecute without deciding the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.