Dicks v. Michael Stars, Inc.
- Gregory Woods
- 1:22-cv-06540
- U.S. District Court · Southern District of New York
- 2
In Dicks v. Michael Stars, Judge Woods dismissed the case without prejudice after Dicks twice failed to answer venue-related court orders.
Valerie Dicks and the other people she sought to represent were affected by the dismissal; Michael Stars, Inc. was the defendant in the closed case.
What happened
In Dicks v. Michael Stars, Inc., the court ordered Valerie Dicks to explain why the case belonged in the Southern District of New York. The court set an August 12, 2022 deadline, but Dicks did not respond.
The court then ordered Dicks to respond by August 17, 2022, but she again did not respond. The opinion does not describe the underlying claims or decide whether the case was properly venued.
Judge Gregory H. Woods dismissed the case without prejudice for failure to comply with two court orders and directed the Clerk of Court to close the case.
The detailed version
- Dicks v. Michael Stars, Inc. · No. 1:22-cv-06540
- Gregory Woods
- Aug. 18, 2022
Background
Valerie Dicks brought the case on behalf of herself and others described in the caption as similarly situated. On August 5, 2022, the court ordered Dicks to show why the case was properly venued, or located for legal purposes, in the Southern District of New York by August 12, 2022.
Dicks did not respond by that deadline. The court then ordered her to respond to the earlier order promptly and no later than August 17, 2022. She again did not respond.
Ruling
Federal Rule of Civil Procedure 41(b) allows a district court to dismiss a complaint when a party fails to comply with a court order, treating the failure as a failure to prosecute the case. Because Dicks failed to comply with two court orders, Judge Gregory H. Woods dismissed the case without prejudice. The Clerk of Court was directed to close the case. The opinion does not address the merits of Dicks's underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.