Sungjin Inc Co., Ltd. v. Bag Studio, LLC

Background

Sungjin Inc. Co., Ltd. originally filed the action in October 2019. It later filed a second amended complaint naming Itochu International Inc., Itochu Logistics (USA) Corp., Kenneth Horowitz doing business as Bag Studio, LLC, and Le Sportsac, Inc. as defendants. The opinion states that the claims against all defendants except Kenneth Horowitz doing business as Bag Studio, LLC, had been dismissed. Sungjin sought more than $1 million in damages for Le Sportsac handbags and related accessories that were manufactured, sold, and delivered to or for the defendants.

Report and Recommendation

Magistrate Judge Gabriel Gorenstein issued a Report and Recommendation on July 30, 2021, recommending dismissal for failure to prosecute. The court had ordered Sungjin to show cause by June 29, 2021 why the case should not be dismissed. According to the opinion, Sungjin had made no submission responding to that order as of the date of the decision. Sungjin also filed no objections to the magistrate judge’s recommendation.

When no objections are filed, the district court reviews a magistrate judge’s report for clear error. Clear error means that review of the record leaves the court with a firm conviction that a mistake was made. The district court cited this standard and reviewed the report accordingly.

Ruling

Judge George B. Daniels found no clear error and adopted Magistrate Judge Gorenstein’s Report and Recommendation in full. The court dismissed the complaint for failure to prosecute under Federal Rule of Civil Procedure 41(b). The court also directed the Clerk of Court to close the case. The opinion does not decide the merits of Sungjin’s claims concerning the handbags and accessories.