Davidson v. JP Morgan Chase Bank NA

Background

In October 2021, Avrohom Davidson sued JP Morgan Chase Bank NA for breach of contract and alleged violations of the Fair Credit Reporting Act and the Fair Debt Collection Practices Act. The defendant removed the action to the U.S. District Court for the Southern District of New York in December 2021.

Failure to Prosecute

On January 21, 2022, the court directed Davidson’s counsel to file an appearance by February 2. The defendant served that order, but neither Davidson nor counsel appeared. The defendant then filed a motion to dismiss, and Davidson did not respond.

On May 25, the court again directed Davidson’s counsel to appear and Davidson to oppose the motion to dismiss by June 17. The court warned that failing to do so would result in dismissal for failure to prosecute and that the motion could be treated as unopposed. The defendant served that order, but neither Davidson nor counsel appeared, and no opposition was filed.

Ruling

Judge J. Paul Oetken dismissed the action without prejudice under Federal Rule of Civil Procedure 41(b), which allows a court to dismiss an action when a plaintiff fails to prosecute or comply with a court order. The court relied on the five-month delay, Davidson’s notice that continued delay could lead to dismissal, the prejudice associated with unreasonable delay, the need to balance court efficiency with a fair opportunity to be heard, and Davidson’s disregard of prior court orders.

The court dismissed the action without prejudice to refiling. It directed the Clerk of Court to close Docket Number 9, which was the motion to dismiss, and to close the case. The opinion did not decide the merits of Davidson’s claims or the motion to dismiss.