Scott v. City Of New York
- Paul Engelmayer
- 1:16-cv-01135
- U.S. District Court · Southern District of New York
- 1
In Tampa Scott v. The City of New York, Judge Engelmayer dismissed the case without prejudice for failure to prosecute.
The dismissal affected Tampa Scott's case against The City of New York and the other defendants identified in the caption. The case was dismissed without prejudice.
What happened
In Tampa Scott v. The City of New York, the court required the plaintiff to update it about efforts to serve defendant UC 10 and explain why the case should not be dismissed.
The plaintiff did not file the required update by January 5, 2023, and did not otherwise take action to move the case forward after the court's December 22, 2022 order.
Judge Paul A. Engelmayer dismissed the case without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b) and the court's inherent authority. The clerk was directed to close the case.
The detailed version
- Scott v. City Of New York · No. 1:16-cv-01135
- Paul Engelmayer
- Jan. 30, 2023
Background
On December 22, 2022, the court directed Tampa Scott to file a letter by January 5, 2023. The letter was supposed to update the court about Scott's efforts to serve defendant UC 10 and explain why the action should not be dismissed for failure to prosecute under Federal Rule of Civil Procedure 41.
What the Court Decided
The opinion states that Scott did not take the required steps and did not otherwise take action to make progress in the case after the court's order.
Disposition
Judge Paul A. Engelmayer dismissed the case, without prejudice, for failure to prosecute under Federal Rule of Civil Procedure 41(b) and the court's inherent authority. The clerk of court was directed to close the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.