Flemmings v. American International Group, Inc.
- Paul Engelmayer
- 1:20-cv-00175
- U.S. District Court · Southern District of New York
- 1
Flemmings v. American International Group: Judge Engelmayer dismissed the case without prejudice because Flemmings failed to prosecute it.
Stokely Flemmings’s case was dismissed without prejudice, and the clerk was directed to close the case. The defendants had not been served.
What happened
In Flemmings v. American International Group, Inc., Stokely Flemmings filed a complaint on January 8, 2020, but did not serve the defendants.
The court ordered Flemmings to explain by February 10, 2023, why the defendants had not been served on time. Flemmings neither served the defendants nor showed good cause, and the case otherwise made no progress.
Judge Paul Engelmayer dismissed the case without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b) and the court’s inherent power. The clerk was directed to close the case.
The detailed version
- Flemmings v. American International Group, Inc. · No. 1:20-cv-00175
- Paul Engelmayer
- Mar. 30, 2023
Background
Stokely Flemmings filed the complaint on January 8, 2020. The defendants were not served.
Order to Show Cause
On January 30, 2023, the court ordered Flemmings to explain by February 10, 2023, why service had not been completed on time. Flemmings did not serve the defendants, did not show good cause for the failure to serve them, and made no other progress in the case.
Ruling
The court dismissed the case without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b) and the court’s inherent power. A dismissal without prejudice does not bar refiling based on the dismissal itself. The clerk was directed to close the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.