Toro v. Greenfield World Trade, Inc.
- Clarke
- 1:23-cv-03291
- U.S. District Court · Southern District of New York
- 2
In Toro v. Greenfield World Trade, Judge Clarke dismissed the action without prejudice because Toro failed to pursue it or follow the court’s order.
Andrew Toro and the putative class he sought to represent; the case against Greenfield World Trade, Inc. was dismissed without prejudice and closed.
What happened
In Toro v. Greenfield World Trade, Inc., Andrew Toro brought an action on behalf of himself and others similarly situated. The defendant had not answered or appeared, so the court ordered Toro to seek a default judgment by August 31, 2023.
Toro did not file the required motion or anything else after the court’s August 15 order. The court therefore dismissed the action without prejudice for failing to pursue the case and comply with the court’s order.
Judge Jessica G. L. Clarke directed the Clerk of Court to terminate all pending motions and close the case. The order did not decide the underlying claims.
The detailed version
- Toro v. Greenfield World Trade, Inc. · No. 1:23-cv-03291
- Clarke
- Oct. 30, 2023
Background
Andrew Toro filed a complaint on April 20, 2023, on behalf of himself and all others similarly situated. The opinion states that Greenfield World Trade, Inc. had not answered or otherwise appeared in the case.
On August 15, 2023, the court ordered Toro to file a motion for default judgment by August 31, 2023. The court warned that it could dismiss the complaint if he did not meet that deadline. Toro filed nothing on the court’s electronic docket after the order.
Ruling
Federal Rule of Civil Procedure 41(b) allows a district court to dismiss an action when a plaintiff fails to prosecute the case or comply with a court order. The court found that Toro had made no effort to prosecute the litigation since filing the complaint and had not responded to the August 15 order.
The action was dismissed without prejudice under Rule 41(b). The Clerk of Court was directed to terminate all pending motions and close the case. The opinion does not address the merits of Toro’s claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.