Campbell v. Fischer & Wieser Specialty Foods, Inc.
- Rearden
- 1:22-cv-09791
- U.S. District Court · Southern District of New York
- 2
Campbell v. Fischer & Wieser, Judge Rearden dismissed the case without prejudice for failure to prosecute after Campbell failed to file a proper default-judgment motion.
Jovan Campbell’s case was dismissed without prejudice after Campbell did not file the required default-judgment motion. Fischer & Wieser Specialty Foods, Inc. had not responded or appeared before the dismissal.
What happened
In Campbell v. Fischer & Wieser Specialty Foods, Inc., the defendant did not respond to the complaint or appear in the case after being served. Campbell then sought a default judgment using a procedure the court’s rules did not allow.
The court directed Campbell to file a proper motion for default judgment by June 26, 2023, and warned that failing to do so could lead to dismissal. Campbell did not file the required motion or take any other action.
Judge Jennifer H. Rearden 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
- Campbell v. Fischer & Wieser Specialty Foods, Inc. · No. 1:22-cv-09791
- Rearden
- July 5, 2023
Background
Jovan Campbell filed the complaint on August 29, 2022. Fischer & Wieser Specialty Foods, Inc. was served on October 5, 2022, but did not respond to the complaint or otherwise appear. Its response was due on October 26, 2022.
Default-Judgment Application
On March 7, 2023, Campbell applied for a default judgment using a proposed order to show cause. The court’s individual rules required a party seeking default judgment to file a motion rather than proceed by order to show cause.
On June 16, 2023, the court directed Campbell to file an application complying with those procedures by June 26, 2023. The court warned that failing to submit a timely and proper motion could result in dismissal under Federal Rule of Civil Procedure 41. Campbell did not file the required motion or otherwise take action to proceed with the case.
Ruling
Judge Jennifer H. Rearden dismissed the case, without prejudice, for failure to prosecute under Rule 41(b) and the court’s inherent power. The clerk was directed to close the case. The opinion does not decide the underlying claims.
Effect of the Ruling
The dismissal was without prejudice, as stated by the court, and therefore was not a ruling on the merits of Campbell’s claims. The opinion does not address whether Campbell could pursue the claims again or identify the claims’ legal basis.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.