Yan Luis v. Maximum Human Performance, LLC
- Rearden
- 1:23-cv-05172
- U.S. District Court · Southern District of New York
- 2
In Kevin Yan Luis v. Maximum Human Performance, Judge Rearden dismissed the case without prejudice after Luis failed to pursue default judgment.
Kevin Yan Luis, whose case was dismissed without prejudice, and Maximum Human Performance, LLC, which had not appeared.
What happened
Kevin Yan Luis sued Maximum Human Performance, LLC. The company was served but did not answer or otherwise appear.
The court gave Luis several deadlines and instructions to obtain a certificate of default and file a request for default judgment. Luis did not complete those steps or otherwise move the case forward.
Under Federal Rule of Civil Procedure 41(b) and its inherent authority, the court dismissed the case without prejudice for failure to prosecute and directed the Clerk to close the case. Judge Jennifer H. Rearden issued the order.
The detailed version
- Yan Luis v. Maximum Human Performance, LLC · No. 1:23-cv-05172
- Rearden
- Sept. 20, 2023
Background
Kevin Yan Luis filed the complaint on June 19, 2023. Maximum Human Performance, LLC was served on July 10, 2023, and its answer was due July 31, 2023. The defendant did not respond to the complaint or otherwise appear.
Failure to Prosecute
On August 2, 2023, the court ordered Luis to show why the action should not be dismissed for failure to prosecute under Federal Rule of Civil Procedure 41. The court explained that Luis could show cause by requesting a certificate of default from the Clerk of Court and filing a motion for default judgment. The court later extended the deadline to August 24, 2023, but Luis did not file the required papers.
On September 12, 2023, the court gave Luis another opportunity and directed him to contact the Clerk’s Office, obtain a certificate of default by September 15, and file the required motion papers by September 19. The court again warned that failing to submit a timely and proper motion for default judgment could result in dismissal without prejudice. Luis did not obtain the certificate, file the motion, or otherwise take action to move the case forward.
Ruling
The court dismissed the case without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b) and the court’s inherent authority. The Clerk of Court was directed to close the case. Judge Jennifer H. Rearden entered the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.