Yan Luis v. Jason Markk, Inc.
- Andrew Carter
- 1:22-cv-04968
- U.S. District Court · Southern District of New York
- 1
In Yan Luis v. Jason Markk, Inc., Judge Carter dismissed the case without prejudice because the plaintiff did not prosecute it.
The dismissal affected Kevin Yan Luis’s action against Jason Markk, Inc. The case was dismissed without prejudice; the opinion does not state whether the action was later refiled.
What happened
Kevin Yan Luis brought this case against Jason Markk, Inc., on behalf of herself and others similarly situated. The court had previously ordered her to explain why the case should not be dismissed for failure to prosecute.
The deadline to respond was March 10, 2023. The opinion states that Kevin Yan Luis did not respond to the court’s order.
Judge Andrew L. Carter, Jr. dismissed the case without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b). This means the dismissal did not bar refiling, although the opinion does not discuss whether refiling occurred or would be allowed under other rules.
The detailed version
- Yan Luis v. Jason Markk, Inc. · No. 1:22-cv-04968
- Andrew Carter
- Apr. 10, 2023
Background
Kevin Yan Luis sued Jason Markk, Inc., on behalf of herself and all others similarly situated. The opinion does not describe the underlying claims.
Order to Show Cause
On March 1, 2023, the court ordered Kevin Yan Luis to show cause—that is, to explain—by March 10, 2023, why the action should not be dismissed without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b). The opinion states that she did not respond to that order.
Ruling
Judge Andrew L. Carter, Jr. dismissed the case without prejudice for failure to prosecute under Rule 41(b). The order cited the court’s authority to dismiss a case on its own for failure to prosecute. The opinion does not address the merits of the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.