Tucker v. Reebok International Ltd.
- Vernon Broderick
- 1:19-cv-10344
- U.S. District Court · Southern District of New York
- 2
In Tucker v. Reebok International Ltd., Judge Broderick dismissed the case because the parties did not file the required status update.
Henry Tucker and Reebok International Ltd.; the case was dismissed and closed.
What happened
In Tucker v. Reebok International Ltd., the court asked the parties to explain how a recent appeals-court decision affected the case. Henry Tucker asked to amend his complaint, and Reebok asked for permission to file a motion to dismiss if the amendment was allowed; the court granted both requests.
Tucker did not meet the deadline to file an amended complaint. The court then ordered the parties to provide a status update and warned that failing to do so could lead to dismissal. The deadline passed without either party filing the required update.
Judge Vernon S. Broderick dismissed the case for failure to prosecute under Federal Rule of Civil Procedure 41(b) and directed the Clerk of Court to close the case.
The detailed version
- Tucker v. Reebok International Ltd. · No. 1:19-cv-10344
- Vernon Broderick
- Sept. 7, 2022
Background
After the case was reassigned to Judge Broderick, the court ordered the parties to submit a status update about 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 Proceed
Tucker did not meet the deadline for filing an amended complaint. The court later ordered the parties to submit another status update explaining how they intended to proceed and whether they sought any judicial relief. The court warned that failure to file the update by the deadline would result in dismissal under Federal Rule of Civil Procedure 41(b), which permits dismissal when a party fails to prosecute or otherwise move a case forward. The deadline passed, and neither party submitted the required status update.
Ruling
The court ordered that the case be dismissed for failure to prosecute under Rule 41(b). It also directed the Clerk of Court to close the case. The opinion does not state whether the dismissal was with or without prejudice.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.