In Re: 212 East 72nd Street LLC
- Andrew Carter
- 1:22-cv-06776
- U.S. District Court · Southern District of New York
- 1
In re 212 East 72nd Street LLC, Judge Carter dismissed the case without prejudice after the appellant failed to prosecute.
The dismissal ended the case brought by appellant 212 East 72nd Street LLC against the appellee identified in the caption, but the dismissal was without prejudice.
What happened
In re 212 East 72nd Street LLC involved an appeal by 212 East 72nd Street LLC against an appellee identified in the caption. The court ordered the appellant to explain why the case should not be dismissed for failure to prosecute.
The court set a May 12, 2023 deadline for the response. 212 East 72nd Street LLC did not respond to the order.
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
- In Re: 212 East 72nd Street LLC · No. 1:22-cv-06776
- Andrew Carter
- May 30, 2023
Background The court issued an order on April 21, 2023, requiring appellant 212 East 72nd Street LLC to show by May 12, 2023, why the action should not be dismissed for failure to prosecute. Failure to prosecute means failing to move a case forward. The opinion states that the appellant did not respond.
Ruling The court dismissed the case without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b). The cited rule allows a district court to dismiss a plaintiff’s case for failure to prosecute, including on the court’s own initiative. The opinion does not provide additional detail about the underlying dispute.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.