Derr v. Schindler Elevator Corporation
- Rochon
- 1:22-cv-06396
- U.S. District Court · Southern District of New York
- 2
In Derr v. Schindler Elevator, Judge Rochon dismissed the action without prejudice after Derr repeatedly failed to respond or prosecute.
Richard Derr’s action against Schindler Elevator Corporation and the other defendants was dismissed without prejudice; all pending motions were terminated and the case was closed.
What happened
Derr v. Schindler Elevator Corporation began in New York state court and was later moved to federal court. The federal court questioned whether it had jurisdiction because the parties might not have complete diversity, including an issue about whether UNDC was improperly added as a party.
The court asked Richard Derr to address those issues by set deadlines. Derr did not submit the requested letter, did not respond after receiving an extension, and did not answer the court’s later order requiring him to explain why the case should not be dismissed.
Judge Jennifer L. Rochon dismissed the action without prejudice under the federal rule allowing dismissal when a plaintiff fails to pursue a case or follow a court order. The clerk was directed to terminate all pending motions and close the case.
The detailed version
- Derr v. Schindler Elevator Corporation · No. 1:22-cv-06396
- Rochon
- Jan. 20, 2023
Background
A defendant removed this action from New York Supreme Court to the U.S. District Court for the Southern District of New York on July 27, 2022. After reviewing a joint status report, the court asked Plaintiff Richard Derr to address whether complete diversity existed for federal jurisdiction, including the defendant’s assertion that UNDC had been fraudulently joined. The court extended Derr’s deadline after he did not respond to the initial request.
Derr did not respond by the extended deadline. The court then ordered him to explain why the action should not be dismissed for failure to prosecute under Federal Rule of Civil Procedure 41(b). Derr did not respond by that deadline either, and the opinion states that he had not otherwise indicated that he intended to pursue the action.
Ruling
The court dismissed the action without prejudice under Rule 41(b) because Derr failed to prosecute the case and comply with court orders. The opinion does not resolve the questions about complete diversity or alleged fraudulent joinder. The clerk was directed to terminate all pending motions and close the case.
Effect
The dismissal was without prejudice. The court also terminated the pending motions and closed the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.