Tucker v. Reebok International Ltd.
- Vernon Broderick
- 1:19-cv-10344
- U.S. District Court · Southern District of New York
- 1
In Tucker v. Reebok International Ltd., Judge Broderick ordered a status update and warned that failing to file one could lead to dismissal for failure to prosecute.
Henry Tucker and Reebok International Ltd.; the order required both parties to file a status update and warned that the action could be dismissed if they failed to do so.
What happened
In Tucker v. Reebok International Ltd., the court had previously allowed Henry Tucker to file an amended complaint after asking the parties about the effect of a later appellate decision on the case. Reebok International Ltd. asked to file a motion to dismiss if Tucker amended his complaint.
More than 30 days had passed, but Tucker had not filed the amended complaint. The court therefore ordered both parties to file a status update by September 6, 2022, explaining how they intended to proceed and whether they wanted the court to take further action.
Judge Vernon S. Broderick warned that failing to file the status update would result in dismissal of the action for failure to prosecute under Federal Rule of Civil Procedure 41(b). The order did not itself dismiss the case.
The detailed version
- Tucker v. Reebok International Ltd. · No. 1:19-cv-10344
- Vernon Broderick
- Sept. 1, 2022
Background
After the case was reassigned to Judge Vernon S. Broderick, the court ordered the parties to provide a status update concerning the effect of Calcano v. Swarovski N. Am. Ltd. on the action. Henry Tucker then asked for permission to file an amended complaint within 30 days. Reebok International Ltd. asked that, if the court allowed the amendment, it also be allowed 30 days to file a motion to dismiss. The court granted both requests.
Failure to File the Amended Complaint
More than 30 days passed, and Tucker’s amended complaint had not been filed. The opinion does not state why the amended complaint was overdue.
Ruling
Judge Broderick ordered the parties to file a status update by September 6, 2022, stating how they intended to proceed and whether they sought judicial relief. The court warned that failure to file the status update would result in dismissal of the action for failure to prosecute under Federal Rule of Civil Procedure 41(b). The order did not dismiss the action at that time.
Disposition
The court ordered a status update and issued a warning of possible dismissal. It did not rule on a motion to dismiss or on the merits of the underlying dispute.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.