Zelvin v. AW Authentic, Inc.
- Rearden
- 1:23-cv-09241
- U.S. District Court · Southern District of New York
- 2
In Zelvin v. AW Authentic, Inc., Judge Rearden dismissed the case without prejudice for failure to prosecute after Plaintiff failed to correct a default-judgment motion.
Lynn Zelvin and AW Authentic, Inc.; the case was closed after the court dismissed it without prejudice for failure to prosecute.
What happened
In Zelvin v. AW Authentic, Inc., Lynn Zelvin sued AW Authentic, Inc. The company was served with the complaint but did not respond or appear.
The court ordered Zelvin to seek a default judgment or explain why the case should not be dismissed. Zelvin filed a default-judgment motion, but it lacked required information, including evidence supporting the requested damages. After the court gave Zelvin a deadline to file a corrected motion, Zelvin did not do so.
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
- Zelvin v. AW Authentic, Inc. · No. 1:23-cv-09241
- Rearden
- Mar. 7, 2024
Background
Lynn Zelvin filed the complaint on October 20, 2023. AW Authentic, Inc. was served on January 9, 2024, making its response due on January 30, 2024. The company did not respond to the complaint or otherwise appear.
Orders concerning default judgment
On February 18, 2024, the court ordered Zelvin to file a motion for default judgment by February 26, 2024, or explain 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.
Zelvin filed a default-judgment motion on February 26, but the motion did not comply with the court’s rules. Among other deficiencies, it did not include evidence supporting the proposed damages or legal authority addressing whether a damages hearing was necessary. On February 28, the court stated that it would not consider the application and gave Zelvin until March 5 to file a corrected motion. The court again warned that failure to file a timely and proper motion could result in dismissal without prejudice. Zelvin did not file a corrected motion.
Ruling
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 court directed the clerk to close the case. The opinion does not decide the underlying claims or damages issues.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.