Dicks v. Serena & Lily, Inc.

Background

Victoria Dicks, described in the opinion as legally blind, brought this action against Serena & Lily, Inc. She alleged violations of the Americans with Disabilities Act and related state and local laws. The caption also identifies her as suing on behalf of herself and others similarly situated.

On August 24, 2022, Dicks filed the complaint. On September 2, 2022, the court ordered the parties to meet and confer in a good-faith effort to settle the case. If they could not settle, they were required to discuss whether to consent to proceedings before a magistrate judge or participate in the court-annexed mediation program. The parties also had to submit a joint letter within the specified deadline.

The joint letter was not filed by October 17, 2022. On November 1, 2022, the court ordered the parties to submit it by November 8 and expressly warned that failure to do so could result in dismissal under Federal Rule of Civil Procedure 41(b). No letter had been submitted by the date of the opinion.

Legal standard

Rule 41(b) allows a district court to dismiss an action when a plaintiff fails to prosecute the case or fails to comply with court rules or a court order. The court considered the length of the noncompliance, whether Dicks had notice that dismissal could result, possible prejudice from further delay, the court’s interest in managing its docket, and whether a less severe sanction would be appropriate. The court also noted that dismissal under Rule 41(b) is the harshest sanction and requires notice and an opportunity to be heard.

Court’s analysis

The court found that the noncompliance had lasted more than four months and that Dicks had not communicated with the court during that period. It determined that Dicks had notice of the possible consequence because the November 1 order expressly warned that the action could be dismissed. The court also found that Dicks had been given an opportunity to be heard.

The court concluded that the noncompliance warranted dismissal. However, it found that the case had not substantially burdened the court’s docket because no substantive motions had been decided, discovery had not occurred, and no trial had been scheduled. The court also noted that Serena & Lily, Inc. had failed to appear and therefore the record did not show that it would suffer prejudice if the litigation continued.

Disposition

Judge Ronnie Abrams dismissed the action without prejudice under Federal Rule of Civil Procedure 41(b) and directed the Clerk of Court to close the case. The opinion does not decide the merits of Dicks’s disability-related claims.