Minus v. New York City Police Department
- Jesse Furman
- 1:17-cv-04623
- U.S. District Court · Southern District of New York
- 1
Minus v. Benvenuto: Judge Furman dismissed the case under Rule 41(b) because Minus failed to appear for trial after repeated warnings.
Omar Minus’s case was dismissed, and the court directed that judgment be entered in favor of Officer Brian Benvenuto and Officer Jospeh Tennariello.
What happened
In Omar Minus v. Officer Brian Benvenuto and Officer Jospeh Tennariello, Omar Minus did not appear at the scheduled trial at 9:30 a.m. The court said he had been repeatedly warned, including at the final pretrial conference, that failing to appear could lead to dismissal.
The court dismissed the case under Rule 41(b) of the Federal Rules of Civil Procedure for failure to prosecute. The order directed the Clerk of Court to close the case, enter judgment for the defendants, and mail the order to Minus.
Judge Jesse M. Furman issued the order on February 10, 2022. The dismissal was based on Minus’s failure to appear and did not decide the underlying claim on its merits.
The detailed version
- Minus v. New York City Police Department · No. 1:17-cv-04623
- Jesse Furman
- Feb. 10, 2022
Background
Omar Minus was the plaintiff, and Officer Brian Benvenuto and Officer Jospeh Tennariello were the defendants. The opinion states that Minus failed to appear at trial at 9:30 a.m. The court had repeatedly warned him that failing to appear could result in dismissal of his remaining claim for failure to prosecute or abandonment. The opinion specifically notes that this warning was given in person at the final pretrial conference on February 8, 2022.
Ruling
The court dismissed the case under Rule 41(b) of the Federal Rules of Civil Procedure for failure to prosecute. Rule 41(b) permits dismissal when a plaintiff does not move the case forward, including by failing to attend a properly scheduled trial. The opinion does not address the merits of the remaining claim.
Disposition
The court directed the Clerk of Court to close the case, enter judgment in favor of the defendants, and mail a copy of the order to Minus.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.