Hernandez v. Jacks Surf & Sport, LLC
- Lorna Schofield
- 1:23-cv-03521
- U.S. District Court · Southern District of New York
- 2
In Hernandez v. Jacks Surf & Sport, Judge Schofield dismissed the case without prejudice after Hernandez failed to follow orders seeking default judgment.
Janelys Hernandez’s case was dismissed without prejudice; the defendant had not appeared.
What happened
In Hernandez v. Jacks Surf & Sport Shop, Janelys Hernandez was ordered twice to submit papers asking for a default judgment against the defendant. She did not submit the required papers by either deadline.
The court noted that the defendant had not appeared. It said federal rules allow dismissal when a plaintiff fails to pursue a case or follow a court order, and that Hernandez had been warned the case could be dismissed.
The court dismissed the case without prejudice and directed the clerk to close it. Judge Lorna G. Schofield issued the order.
The detailed version
- Hernandez v. Jacks Surf & Sport, LLC · No. 1:23-cv-03521
- Lorna Schofield
- July 31, 2023
Background
The court had instructed Janelys Hernandez to present an order asking for a default judgment and related papers by July 19, 2023. Hernandez did not comply. A later order again instructed her to submit the materials by July 28, 2023, and warned that the case would be dismissed if she did not do so. Hernandez still did not submit the required papers. The defendant had not appeared.
Reasoning
The court relied on Federal Rule of Civil Procedure 41(b), which allows a district court to dismiss an action when the plaintiff fails to prosecute the case or comply with a court order. The court stated that Hernandez had received notice that further delay could result in dismissal. It concluded that dismissal without prejudice appropriately balanced the need to manage the court’s cases with the party’s right to a fair chance to be heard.
Ruling
The court ordered that the case be dismissed without prejudice and directed the clerk to close the case. Judge Lorna G. Schofield signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.