Powers v. Zelenetsky and Associates
- Vincent Briccetti
- 7:21-cv-04651
- U.S. District Court · Southern District of New York
- 1
In Powers v. Zelenetsky and Associates, Judge Briccetti dismissed the case without prejudice because Powers did not prosecute or follow court orders.
William Raymond Powers's case was dismissed without prejudice. Ava Zelenetsky and Zelenetsky and Associates were not subjected to the requested default judgment in this order. Powers was also denied fee-free status for any appeal.
What happened
In Powers v. Zelenetsky and Associates, the court held a hearing about whether to enter a default judgment against Ava Zelenetsky and Zelenetsky and Associates. William Raymond Powers did not appear at the hearing.
Powers also did not file proof that he had served the defendants with the order requiring him to explain the possible default judgment, his default-judgment motion, and supporting papers, as a prior court order required.
The court dismissed the case without prejudice for failure to prosecute and failure to comply with court orders under Rule 41(b) of the Federal Rules of Civil Procedure. Judge Briccetti also denied fee-free status for any appeal after certifying that an appeal would not be taken in good faith, and directed the Clerk to close the case.
The detailed version
- Powers v. Zelenetsky and Associates · No. 7:21-cv-04651
- Vincent Briccetti
- Aug. 22, 2022
Background
The court conducted a hearing on an order to show cause concerning William Raymond Powers's request for a default judgment against Ava Zelenetsky and Zelenetsky and Associates. The order to show cause had been issued on May 6, 2022.
Powers did not appear at the hearing. He also did not file proof that he had served the defendants with the order to show cause, his motion for default judgment, and the supporting papers, despite a June 30, 2022, court order requiring that proof.
Ruling
After considering the factors identified in Lucas v. Miles, the court dismissed the case without prejudice under Rule 41(b) of the Federal Rules of Civil Procedure for failure to prosecute and failure to comply with court orders. The order therefore disposed of the case based on Powers's failure to pursue it and follow the court's directives, rather than deciding the underlying claims or entering the requested default judgment.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The Clerk was instructed to close the case, and the court stated that a copy of the order would be mailed to Powers at the address on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.