Weekes v. Ancient Brands, LLC
- John Cronan
- 1:21-cv-10218
- U.S. District Court · Southern District of New York
- 1
In Weekes v. Ancient Brands, Judge Cronan warned Robert Weekes that his case could be dismissed unless he acted by February 14.
Robert Weekes was given a final stated deadline to comply with the Court’s earlier order; the Court warned that the case could be dismissed if he failed to do so. Ancient Brands, LLC remained the defendant, and no dismissal was entered in this order.
What happened
In Weekes v. Ancient Brands, the court had ordered Robert Weekes to ask for a default judgment or explain why the case should not be dismissed for failure to pursue it. The deadline was February 4, 2022, and Weekes did not meet it.
The court explained that federal procedural rules allow dismissal when a plaintiff does not pursue a case or follow a court order. The court did not dismiss the case in this order.
Judge John P. Cronan gave Weekes until February 14, 2022, to comply with the earlier order. The court warned that it might dismiss the case without further notice if he did not comply.
The detailed version
- Weekes v. Ancient Brands, LLC · No. 1:21-cv-10218
- John Cronan
- Feb. 9, 2022
Background
On January 21, 2022, the Court ordered Plaintiff Robert Weekes to either move for default judgment or show why the case should not be dismissed for failure to prosecute. The deadline was February 4, 2022. The order states that Weekes did not take either action.
Court’s Analysis
The Court cited Federal Rule of Civil Procedure 41(b), which authorizes dismissal when a plaintiff fails to prosecute an action or comply with a court order. The Court stated that a district court may dismiss a plaintiff’s case on its own for failure to prosecute.
Disposition
The Court did not dismiss the case in this order. Instead, it ordered that, if Weekes did not comply with the prior order by February 14, 2022, the Court might dismiss the case for failure to prosecute and failure to comply with a court order without further notice. Judge John P. Cronan signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.