The Estate of Chi Modu v. Townsquare Media, Inc.
- Paul Engelmayer
- 1:22-cv-05311
- U.S. District Court · Southern District of New York
- 2
In The Estate of Chi Modu v. Townsquare Media, Judge Engelmayer dismissed claims against Does 1-10 without prejudice for failure to prosecute.
The plaintiff's claims against unidentified defendants Does 1-10 were dismissed without prejudice. The order did not dismiss the claims against Townsquare Media, Inc.
What happened
The Estate of Chi Modu v. Townsquare Media, Inc. involved claims against Townsquare Media and unidentified defendants called Does 1-10. The plaintiff served Townsquare, but the Does were not served and did not appear.
The court ordered the plaintiff to explain why the Does had not been served within 90 days. The plaintiff did not provide the requested written explanation by the deadline.
Judge Engelmayer dismissed the claims against Does 1-10 without prejudice because the plaintiff failed to prosecute those claims. The clerk was directed to dismiss all claims against those defendants.
The detailed version
- The Estate of Chi Modu v. Townsquare Media, Inc. · No. 1:22-cv-05311
- Paul Engelmayer
- Oct. 17, 2022
Background
The plaintiff filed the complaint on June 23, 2022. The record states that service of process was completed on Townsquare Media, Inc., on September 26, 2022. Defendants Does 1-10 had not been served and had not appeared or otherwise responded.
Order to Show Cause
On October 6, 2022, the court ordered the plaintiff to explain in writing why the claims against Does 1-10 should not be dismissed for failure to prosecute under Federal Rule of Civil Procedure 41. The order stated that the plaintiff had to explain by October 13, 2022, why the Summons and Complaint had not been served on those defendants within the 90-day period. The court did not receive a written communication from the plaintiff by that deadline.
Ruling
Under Federal Rule of Civil Procedure 41(b) and its inherent authority to manage cases, the court dismissed the claims against Does 1-10, without prejudice, for failure to prosecute. The clerk was directed to dismiss all claims against those defendants. The order did not dismiss the claims against Townsquare Media, Inc.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.