Murphy v. Fogo De Chao 53rd Street, New York LLC
- Paul Engelmayer
- 1:19-cv-10320
- U.S. District Court · Southern District of New York
- 2
Murphy v. Fogo De Chao, Judge Engelmayer dismissed the case without prejudice after Murphy failed to prosecute or respond to an order to show cause.
James Murphy’s case was dismissed without prejudice for failure to prosecute; Fogo De Chao 53rd Street, New York LLC was the defendant.
What happened
In Murphy v. Fogo De Chao 53rd Street, New York LLC, James Murphy filed a complaint and later an amended complaint. The defendant moved to dismiss the amended complaint.
The court stayed the case while awaiting a Second Circuit decision and later directed the parties to take further steps. Neither party did so, and Murphy did not respond to the court’s later order to explain why the case should not be dismissed for failure to prosecute.
Judge Engelmayer dismissed the case without prejudice under Federal Rule of Civil Procedure 41(b) and the court’s inherent power. The clerk was directed to close the case.
The detailed version
- Murphy v. Fogo De Chao 53rd Street, New York LLC · No. 1:19-cv-10320
- Paul Engelmayer
- Aug. 23, 2022
Background
James Murphy filed this action on November 6, 2019, and service of process was completed on Fogo De Chao 53rd Street, New York LLC. Murphy filed an amended complaint on May 13, 2020. The defendant moved to dismiss the amended complaint on May 27, 2020.
Case Status and Order to Show Cause
At the parties’ joint request, the court stayed the case while awaiting a decision from the U.S. Court of Appeals for the Second Circuit in a related matter. The court administratively closed the pending motion to dismiss and directed the parties to provide periodic status updates. After the Second Circuit issued its decision, the court directed the parties to take further steps. Neither party did so.
On August 17, 2022, the court ordered Murphy to explain by August 22 why the case should not be dismissed for failure to prosecute, meaning failure to move the case forward. Murphy did not respond or make any later filing.
Ruling
Under Federal Rule of Civil Procedure 41(b), which permits dismissal when a plaintiff fails to prosecute, and under its inherent authority, the court dismissed the case, without prejudice, for Murphy’s failure to prosecute. The court directed the Clerk of Court to close the case. The opinion does not rule on the defendant’s previously filed motion to dismiss.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.