Cruz v. Calabria Mia, Corp.
- Andrew Carter
- 1:22-cv-09853
- U.S. District Court · Southern District of New York
- 1
In Cruz v. Calabria Mia, Corp., Judge Carter dismissed the action without prejudice because Cruz failed to prosecute after court orders.
The dismissal affected Gregorio Cruz's action against Calabria Mia, Corp. and Jusepe Chiaello; the court dismissed the action without prejudice.
What happened
In Cruz v. Calabria Mia, Corp., the court said it had issued two orders requiring Gregorio Cruz to respond. Cruz had not filed a notice showing that new counsel had entered the case or responded to those orders.
The court dismissed the action without prejudice for failure to prosecute under Rule 41(b), a federal rule allowing a court to dismiss a case when a plaintiff does not move it forward. The clerk was directed to terminate the proceeding.
Judge Andrew L. Carter, Jr. entered the dismissal on September 18, 2023. The order did not decide the underlying claims.
The detailed version
- Cruz v. Calabria Mia, Corp. · No. 1:22-cv-09853
- Andrew Carter
- Sept. 18, 2023
Background
The defendants named in the caption are Calabria Mia, Corp. and Jusepe Chiaello. The court stated that it had issued two Orders to Show Cause to Plaintiff. An Order to Show Cause requires a party to explain or address an issue identified by the court.
The court stated that Plaintiff had not filed a notice of appearance for new counsel and had not responded to the Orders to Show Cause.
Ruling
The court dismissed the action without prejudice for failure to prosecute under Rule 41(b) of the Federal Rules of Civil Procedure. “Without prejudice” means the order did not state that the action was permanently barred from being filed again. The court did not reach the merits of the underlying dispute. It directed the Clerk of Court to terminate the proceeding.
Effect
The dismissal ended this proceeding based on the stated failure to prosecute, rather than a decision about whether either side was right on the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.