Sookul v. Pestie, Inc
- Sidney Stein
- 1:23-cv-09282
- U.S. District Court · Southern District of New York
- 1
In Sookul v. Pestte, Inc., Judge Stein warned that a third missed conference could lead to dismissal with prejudice for failure to prosecute.
The warning affects Sanjay Sookul and Pestte, Inc.; the court stated that the action could be dismissed with prejudice if no one appeared at the next conference.
What happened
Sanjay Sookul sued Pestte, Inc., alleging a claim under the Americans with Disabilities Act on behalf of himself and similarly situated people. The court said no one appeared for either party at a January 11, 2024, initial conference.
The court then ordered Sookul to file proof that required papers had been served and scheduled another conference for April 18. Although Sookul filed a service waiver, no one appeared at that conference either.
The court scheduled another conference for April 24, 2024. Judge Sidney H. Stein warned that if no one appeared for a third time, the court would dismiss the action with prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b).
The detailed version
- Sookul v. Pestie, Inc · No. 1:23-cv-09282
- Sidney Stein
- Apr. 18, 2024
Background
Sanjay Sookul brought an Americans with Disabilities Act claim on behalf of himself and all others similarly situated against Pestte, Inc. The court stated that the case was one of more than 1,100 Americans with Disabilities Act claims brought in the district by the plaintiff’s counsel since 2020.
The court scheduled an initial pretrial conference for January 11, 2024. No one appeared for either party. After that conference, the court ordered Sookul to file a certificate of service and scheduled another pretrial conference for April 18, 2024. Sookul filed a waiver of service, but no one appeared at the April 18 conference.
Court’s Action
The court scheduled a further pretrial conference for April 24, 2024, at 11:00 a.m. in Courtroom 23A. The court did not dismiss the action in this opinion. Instead, it warned that if no one appeared for a third time, it would dismiss the action with prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b).
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.