Toro v. Mint Prints, Inc.
- Andrew Carter
- 1:23-cv-02894
- U.S. District Court · Southern District of New York
- 1
In Toro v. Mint Prints, Judge Carter dismissed the case without prejudice after Toro failed to respond to an order requiring a showing.
The dismissal affected Andrew Toro’s action against Mint Prints, Inc., including the claims he brought on behalf of others described as similarly situated. The case was dismissed without prejudice.
What happened
In Toro v. Mint Prints, Inc., Andrew Toro brought an action on behalf of himself and others described as similarly situated. The opinion does not describe the claims.
The court ordered Toro to explain by October 27, 2023 why the case should not be dismissed for failure to prosecute, meaning failure to move the case forward. The opinion says Toro did not make that showing.
Judge Andrew L. Carter, Jr. dismissed the case without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute. This means the dismissal did not bar refiling based on the order’s stated terms.
The detailed version
- Toro v. Mint Prints, Inc. · No. 1:23-cv-02894
- Andrew Carter
- Nov. 27, 2023
Background
Andrew Toro brought this action on behalf of himself and others described as similarly situated against Mint Prints, Inc. The opinion does not state the legal claims or provide additional facts about the dispute.
Order to Show Cause
On October 13, 2023, the court ordered Toro to show cause—that is, explain—by October 27, 2023 why the action should not be dismissed for failure to prosecute under Federal Rule of Civil Procedure 41(b). The opinion states that Toro did not make the required showing.
Ruling
The court dismissed the case without prejudice for failure to prosecute under Rule 41(b). The order cites authority stating that a district court may dismiss a plaintiff’s case on its own for failure to prosecute. Judge Andrew L. Carter, Jr. signed the order on November 27, 2023.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.