Abreu v. Kimberly-Clark Corporation

Background

Luigi Abreu filed an amended complaint on March 30, 2022. S&T Global Co. had not appeared. On May 25, 2022, Abreu filed a proposed certificate of default, which the Clerk issued that day.

Court Orders and Noncompliance

On May 26, 2022, the court directed Abreu to file materials supporting a default judgment by June 9, 2022. No materials were filed. The court issued another order on June 14, setting a June 22 deadline, but Abreu again did not file the materials. On June 28, the court set a third deadline of July 1 and warned that failure to comply would result in dismissal with prejudice for failure to prosecute. No materials were filed by that deadline.

Ruling

Federal Rule of Civil Procedure 41(b) permits involuntary dismissal when a plaintiff fails to comply with a court order. The court considered the factors identified in the opinion, including the duration of the failure, notice of the possible dismissal, possible prejudice from further delay, the court’s need to manage its docket, the plaintiff’s opportunity to be heard, and whether a less severe sanction had been considered.

The court found that Abreu had failed to comply with three court orders, had been unresponsive since May 25, 2022, and had notice that failure to comply with the June 28 order would result in dismissal. The court dismissed Abreu’s claims pursuant to Rule 41(b) for failure to prosecute. The Clerk of Court was directed to close the case.