Toro v. Gameology, LLC
- Andrew Carter
- 1:22-cv-06099
- U.S. District Court · Southern District of New York
- 1
In Toro v. Gameology, Judge Carter dismissed the case without prejudice because Toro did not respond to an order explaining why it should continue.
Jasmine Toro’s case against Gameology, LLC was dismissed without prejudice because Toro did not respond to the court’s order.
What happened
Jasmine Toro brought Toro v. Gameology, LLC as a case for herself and others similarly situated. The court had ordered Toro to explain by March 10, 2023 why the case should not be dismissed for failure to prosecute, meaning failure to move the case forward.
Toro did not respond to that order. The opinion does not describe the underlying claims or decide whether Toro or Gameology was right on those claims.
Judge Andrew L. Carter, Jr. dismissed the case without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b).
The detailed version
- Toro v. Gameology, LLC · No. 1:22-cv-06099
- Andrew Carter
- Apr. 10, 2023
Background
Jasmine Toro filed this case on behalf of herself and others similarly situated against Gameology, LLC. The opinion does not describe the substance of Toro’s claims.
On February 17, 2023, the court ordered Toro to show cause by March 10, 2023—that is, to explain why the case should not be dismissed—for failure to prosecute under Federal Rule of Civil Procedure 41(b). The opinion states that Toro had not responded as of the date of the order.
Ruling
Judge Andrew L. Carter, Jr. dismissed the case without prejudice for failure to prosecute under Rule 41(b). “Without prejudice” means the order does not state that the case is permanently barred from being brought again. The court did not decide the merits of Toro’s underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.