Moran v. The New York City Health and Hospitals Corporation

Background

Vincent Moran filed the action on October 2, 2020, against The New York City Health and Hospitals Corporation, Jacobi Medical Center, and Crothall Healthcare, Inc. On December 27, 2021, counsel for The New York City Health and Hospitals Corporation informed the court that Moran had died.

The court ordered Moran’s counsel to provide information about the future of the case. Moran’s counsel later stated that he was trying to designate Moran’s daughter as administrator of Moran’s estate. The court then required the parties to submit a joint update. Defense counsel reported that the defendants had been unable to contact Moran’s counsel and had received no information about the estate proceedings or the future of the case.

The court directed Moran’s counsel several more times to provide an update. It warned that failure to respond could lead to dismissal under Federal Rule of Civil Procedure 41(b). Moran’s counsel did not respond to the court’s May 2, 2022 order by the May 23 deadline and did not otherwise indicate an intention to pursue the action.

Ruling

Rule 41(b) permits a district court to dismiss an action when a plaintiff fails to prosecute the case or comply with the rules or a court order. The court held that, because it had received no response on Moran’s behalf, the action was dismissed without prejudice under Rule 41(b). Judge Ronnie Abrams directed the Clerk of Court to close the case.

Effect

The opinion states that the dismissal was without prejudice. It does not state whether the action was later refiled or whether any estate administrator was appointed.