Brown v. L'ovedbaby, LLC
- Rearden
- 1:22-cv-09068
- U.S. District Court · Southern District of New York
- 1
In Brown v. L’ovedbaby, LLC, Judge Rearden dismissed the case without prejudice for failure to prosecute after no default-judgment motion was filed.
Lamar Brown, the people he sought to represent, and L’ovedbaby, LLC; the case was dismissed without prejudice and closed.
What happened
In Brown v. L’ovedbaby, LLC, Lamar Brown sued L’ovedbaby, LLC on behalf of himself and others he said were similarly situated. The defendant was served but did not respond or otherwise appear.
The court ordered Brown to seek a default judgment or explain why the case should not be dismissed for failure to prosecute. Brown did neither and took no other action.
Judge Jennifer H. Rearden dismissed the case without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b) and the court’s inherent authority. The clerk was directed to close the case.
The detailed version
- Brown v. L'ovedbaby, LLC · No. 1:22-cv-09068
- Rearden
- Jan. 31, 2024
Background
Lamar Brown filed the complaint on October 24, 2022, against L’ovedbaby, LLC, on behalf of himself and all others similarly situated. The defendant was served on December 14, 2022. Its response was due on January 4, 2023, but it did not respond to the complaint or otherwise appear.
Order to Show Cause
On January 19, 2024, the court directed Brown to file a motion for default judgment by January 29, 2024, or show why the case should not be dismissed for failure to prosecute. The court warned that failing to file a timely and proper motion could result in dismissal without prejudice. Brown did not request a certificate of default, move for default judgment, or take any other action.
Ruling and Effect
Under Federal Rule of Civil Procedure 41(b) and its inherent authority, the court dismissed the case, without prejudice, for failure to prosecute. The clerk of court was directed to close the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.