Chubb Seguros Ecuador S.A. v. Lan Cargo S.A.
- Andrew Carter
- 1:20-cv-04642
- U.S. District Court · Southern District of New York
- 2
Chubb Seguros Ecuador S.A. v. Lan Cargo S.A. was dismissed for failure to prosecute, an order adopted by Judge Carter.
Chubb Seguros Ecuador S.A. and the defendants were affected because the court dismissed the action and directed that judgment be entered and the case closed.
What happened
In Chubb Seguros Ecuador S.A. v. Lan Cargo S.A., the court reviewed a recommendation to dismiss the action after referring the matter for a hearing about damages following a default.
The plaintiff did not submit the required papers about damages by the deadline, did not request more time, and did not object to the recommendation. The record showed that the plaintiff still had not filed the papers or requested an extension.
Judge Andrew L. Carter, Jr. found no clear error and adopted the recommendation in its entirety. The court dismissed the action for failure to prosecute and directed the Clerk of Court to enter judgment and close the case.
The detailed version
- Chubb Seguros Ecuador S.A. v. Lan Cargo S.A. · No. 1:20-cv-04642
- Andrew Carter
- Sept. 12, 2022
Background
Chubb Seguros Ecuador S.A., acting as subrogor of Earthfrucitifera CIA LTDA, brought this action against Lan Cargo S.A. and other defendants. On March 18, 2022, the court referred the matter to Magistrate Judge James L. Cott for an inquest after a default and damages hearing. An inquest is a court proceeding used to determine damages after a defendant's default.
Failure to Prosecute
Magistrate Judge Cott ordered the plaintiff to file proposed findings of fact and conclusions of law concerning damages by April 12, 2022. The plaintiff did not file the required materials, request an extension, or otherwise respond. The plaintiff also did not submit the inquest papers later or request additional time.
Magistrate Judge Cott recommended dismissing the action for failure to prosecute. The plaintiff received notice of the right to object but filed no objections.
Ruling
When no timely objections are filed, the district court may adopt a magistrate judge's recommendation if the record contains no clear error. Judge Andrew L. Carter, Jr. found no clear error and adopted the Report and Recommendation in its entirety. The court dismissed the action for failure to prosecute. It directed the Clerk of Court to enter judgment and close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.