Fischler v. Kamin Health LLC

Background

Brian Fischler sued Kamin Health LLC in February 2022, alleging violations of the Americans with Disabilities Act. Kamin was served on March 23, 2022, and its answer was due on April 13, 2022. The opinion states that Kamin had not filed a notice of appearance or responded to the complaint.

Failure to Prosecute

On June 15, 2022, the court directed Fischler to tell the court whether he intended to seek a default judgment or had received any communication from Kamin or its counsel about responding to the complaint. The court warned that the action could be dismissed if Fischler did not file a status letter or move for default judgment by July 1, 2022. Fischler did not comply.

Federal Rule of Civil Procedure 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 concluded that dismissal was appropriate because Fischler caused a significant delay, had notice that further delay could lead to dismissal, caused prejudice through unreasonable delay, disregarded a prior court order, and had to be balanced against the court’s need to manage its calendar and protect the right to be heard.

Disposition

Judge J. Paul Oetken dismissed the action without prejudice for failure to prosecute. The Clerk of Court was directed to close the case. The order did not decide the merits of Fischler’s Americans with Disabilities Act allegations.