Barton v. Northeast Transport, Inc.
- Kenneth Karas
- 7:21-cv-00326
- U.S. District Court · Southern District of New York
- 2
In Barton v. Northeast Transport, Judge Karas ordered the plaintiff to explain by March 24 why the case should not be dismissed for failure to prosecute.
The plaintiff was required to explain by March 24, 2022 why the case should not be dismissed for failure to prosecute. The case could be dismissed without further notice if good cause was not shown.
What happened
Barton v. Northeast Transport, Inc. concerns claims by Catherine Barton and Zachary Zaitzeff against Northeast Transport, Inc. and Land-Air Express of New England, Ltd. The court had previously dismissed the claims without prejudice and allowed 30 days for a new complaint.
No second amended complaint was filed within that period, and none had been filed by February 24, 2022. The court therefore ordered the plaintiff to explain by March 24 why the case should not be dismissed for failing to move the case forward.
Judge Kenneth M. Karas did not dismiss the case in this order. He warned that the court could dismiss it without further notice if the plaintiff did not show good cause.
The detailed version
- Barton v. Northeast Transport, Inc. · No. 7:21-cv-00326
- Kenneth Karas
- Feb. 24, 2022
Background
On January 24, 2022, the court granted Northeast Transport's motion to dismiss. The court dismissed the plaintiff's claims without prejudice, meaning the claims were not permanently barred, and gave the plaintiff 30 days to file a second amended complaint addressing problems identified in the court's earlier opinion and order.
Failure to File a Second Amended Complaint
The opinion states that the plaintiff did not file a second amended complaint within 30 days of the earlier opinion and order and had not filed one by February 24, 2022.
Order to Show Cause
The court ordered the plaintiff to show cause—that is, explain why the case should not be dismissed—for failure to prosecute, meaning failure to move the case forward. The response was due no later than March 24, 2022. The court stated that it could dismiss the case without further notice if good cause was not shown.
This order did not itself dismiss the case. The clerk was directed to mail a copy of the order to the plaintiff.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.