Jimenez v. Herrera Montiel
- Paul Engelmayer
- 1:23-cv-08086
- U.S. District Court · Southern District of New York
- 2
In Jimenez v. Herrera Montiel, Judge Engelmayer dismissed the case without prejudice because the plaintiffs failed to prosecute it.
The plaintiffs and defendant in this case; the case was dismissed without prejudice and closed after the plaintiffs failed to take required action.
What happened
In Jimenez v. Herrera Montiel, the plaintiffs filed a complaint, but the court later instructed them to address an apparent problem with federal jurisdiction by September 26, 2023. They did not respond or take other action in the case.
The court then ordered the plaintiffs to explain why the case should not be dismissed for failing to prosecute it. The order warned that not responding by October 17, 2023, would lead to dismissal without prejudice. The plaintiffs still did not act.
Judge Engelmayer dismissed the case without prejudice under Federal Rule of Civil Procedure 41(b) and the court’s inherent authority because of the plaintiffs’ failure to prosecute. The Clerk of Court was directed to close the case.
The detailed version
- Jimenez v. Herrera Montiel · No. 1:23-cv-08086
- Paul Engelmayer
- Oct. 23, 2023
Background
The plaintiffs filed the complaint on September 12, 2023. On September 19, 2023, the court ordered them to address an apparent jurisdictional defect by September 26, 2023. The plaintiffs did not respond and took no other action in the case.
On October 10, 2023, the court issued an order to show cause—an order requiring the plaintiffs to explain why the case should not be dismissed—for failure to prosecute under Federal Rule of Civil Procedure 41. That order warned that failure to act by October 17, 2023, would result in dismissal without prejudice. The plaintiffs did not take action after receiving that order.
Ruling
The court dismissed the case without prejudice under Federal Rule of Civil Procedure 41(b) and the court’s inherent authority. The stated basis was the plaintiffs’ failure to prosecute, meaning their failure to take the steps needed to move the case forward. The court directed the Clerk of Court to close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.