Saint-Fleur v. JPMorgan Chase Bank, N.A.

Background

Johanne Saint-Fleur sued JPMorgan Chase Bank, N.A. over an alleged wrongful withdrawal of $89,781.98 from her account. The complaint alleges that the parties entered into an agreement in or about 2019 under which Chase would create and maintain checking and savings accounts for Saint-Fleur. It asserts claims for negligence, conversion, fraud, and unjust enrichment, and seeks a constructive trust. The complaint does not attach the account agreement.

Saint-Fleur filed the case in New York state court, and Chase removed it to the U.S. District Court for the Southern District of New York based on diversity jurisdiction.

Procedural Defaults

After removal, Saint-Fleur’s lawyer did not file the required notice of appearance. Chase later submitted a letter seeking permission to move to dismiss under Federal Rule of Civil Procedure 12(b)(6), which concerns whether a complaint states a legally sufficient claim. Chase argued, among other things, that the parties’ relationship was governed by a deposit account agreement and that Saint-Fleur’s non-contract claims were barred by the economic loss doctrine, which generally prevents recovery in tort for losses covered by a contract claim.

Saint-Fleur did not respond to Chase’s letter within the time required by the court’s rules. When the court’s law clerk requested the account agreement cited in the complaint, Saint-Fleur refused to provide it or respond substantively to Chase’s arguments. The court explained that the agreement was incorporated by reference, meaning the complaint treated it as part of the allegations even though it was not attached as an exhibit.

On October 12, 2023, the court ordered Saint-Fleur to place the agreement on the docket immediately. She did not do so. On October 17, her lawyer told the court’s law clerk that he did not have a copy, that defense counsel had given or would soon give him one, and that he would confirm its accuracy with his client. The agreement still had not been filed by October 26.

Order

Saint-Fleur’s lawyer also failed to attend the October 26 initial pretrial conference. He did not request an adjournment, obtain permission to be absent, or explain his failure to appear.

Because of the repeated violations of court orders, Judge Paul G. Gardephe ordered Saint-Fleur to show cause by 10:00 a.m. on October 30, 2023, why the action should not be dismissed for failure to prosecute under Federal Rule of Civil Procedure 41(b). The opinion is a show-cause order; it does not state that the case was dismissed, and it does not decide Chase’s proposed motion to dismiss.