Guagliardi v. Guagliardi
- Philip Halpern
- 7:22-cv-04261
- U.S. District Court · Southern District of New York
- 2
In Guagliardi v. Guagliardi, Judge Halpern dismissed the case without prejudice because Plaintiff did not timely serve and file a complaint.
Plaintiff’s action was dismissed without prejudice, and the Clerk of Court was directed to close the case. The opinion identifies Giuseppe Guagliardi and others as Defendants.
What happened
In Guagliardi v. Guagliardi, the court gave Plaintiff deadlines to file and serve a complaint on Defendants. The court warned that the case could be dismissed if she did not meet those deadlines or explain the delay.
Plaintiff did not meet the July 26 deadline or show a reasonable excuse. She later attempted to file a complaint, but the Clerk’s Office rejected the filing. After another court warning, she still did not file and serve the complaint or respond.
Judge Philip M. Halpern dismissed the case without prejudice under New York Civil Practice Law and Rules § 3012(b) and directed the Clerk of Court to close the case.
The detailed version
- Guagliardi v. Guagliardi · No. 7:22-cv-04261
- Philip Halpern
- Aug. 8, 2022
Background
On July 12, 2022, the Court ordered Plaintiff to file and serve a complaint on Defendants by July 26, 2022. The Court warned that the action would be dismissed under New York Civil Practice Law and Rules § 3012(b) if Plaintiff did not do so and did not provide a written explanation showing why service had not been made.
Plaintiff did not file or prove service of a complaint by July 26, 2022, and did not otherwise show cause for the failure. On July 27, she attempted to file a complaint, but the Clerk’s Office rejected the filing for reasons the opinion does not specify.
On August 1, 2022, the Court issued another order warning that the action would be dismissed unless Plaintiff filed and served a complaint in compliance with the earlier order and the Clerk’s notice by August 3, 2022. Plaintiff did not comply with the July 12 order, did not respond to the August 1 order, and did not timely file and serve a complaint or demonstrate a reasonable excuse for the delay.
Ruling
Judge Philip M. Halpern dismissed the case without prejudice under New York Civil Practice Law and Rules § 3012(b). The Clerk of Court was directed to close the case. The opinion does not state any ruling on the underlying claims because a complaint was not timely filed and served.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.