Toro v. Concourse Team Express, LLC
- James Oetken
- 1:23-cv-06595
- U.S. District Court · Southern District of New York
- 2
In Toro v. Concourse Team Express, Judge Oetken dismissed the action without prejudice because Toro failed to prosecute after a court order.
Luis Toro and the proposed similarly situated plaintiffs; Concourse Team Express, LLC; and the court docket.
What happened
In Toro v. Concourse Team Express, LLC, Luis Toro brought a case on behalf of himself and others, seeking relief and damages under the Americans with Disabilities Act and state laws. He served Concourse on August 16, 2023.
The court ordered Toro to file a status letter or seek a default judgment by October 23, 2023. Toro did neither and took no other affirmative step to move the case forward.
The court dismissed the action without prejudice for failure to prosecute, meaning it could be filed again. Judge J. Paul Oetken also directed the Clerk of Court to close the case.
The detailed version
- Toro v. Concourse Team Express, LLC · No. 1:23-cv-06595
- James Oetken
- Oct. 26, 2023
Background
Luis Toro sued Concourse Team Express, LLC, on behalf of himself and others similarly situated. The complaint sought injunctive relief, declaratory relief, and damages under the Americans with Disabilities Act and state laws. Toro served Concourse on August 16, 2023.
On October 2, 2023, the court directed Toro to file a status letter or move for default judgment by October 23, 2023. The court warned that failing to do so could lead to dismissal for failure to prosecute. Toro did not respond to the order and did not otherwise take an affirmative step to prosecute the case.
Court’s analysis
Federal Rule of Civil Procedure 41(b) allows a district court to dismiss an action when a plaintiff fails to prosecute or comply with a court order. The court concluded that dismissal was appropriate because Toro had notice that further delay could result in dismissal and had caused unreasonable delay.
Disposition
The action was dismissed without prejudice to refiling. The Clerk of Court was directed to close the case. The order was issued by Judge J. Paul Oetken.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.