Summary
The United States District Court for the Northern District of New York granted Grid One Solutions, LLC's motion under Federal Rule of Civil Procedure 41(b) to dismiss named plaintiff Larry Balcolm's claims with prejudice. The court found that all five factors governing dismissal for failure to prosecute supported dismissal, based on Balcolm's failure to appear for a deposition and hearings, failure to comply with court orders, and expressed desire to withdraw from the action.
Holdings
- A district court may dismiss a plaintiff's claims under Rule 41(b) when the plaintiff fails to prosecute or comply with court orders, and dismissal with prejudice was warranted here.
Questions Presented
- Whether Balcolm's claims should be dismissed with prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute and failure to comply with court orders.
- Whether the five factors governing a Rule 41(b) dismissal supported dismissal in light of Balcolm's repeated noncompliance, express desire to withdraw, and failure to pursue the action.
Disposition
dismissed
Cases Cited (10)
- Done v. HSBC Bank USA, 09-cv-4878, 2011 U.S. Dist. LEXIS 1571, at *2 (E.D.N.Y. Jan. 5, 2011)(followed)
- Peart v. City of New York, 992 F.2d 458, 461 (2d Cir. 1993)(followed)
- Park v. Kim, 91 F.4th 610, 612-13 (2d Cir. 2024)(followed)
- Lucas v. Miles, 84 F.3d 532, 535 (2d Cir. 1996)(followed)
- Daniels v. City of New York, No. 18 Civ. 3717, 2022 WL 883764, at *1 (S.D.N.Y. Mar. 25, 2022)(followed)
- Valentine v. Museum of Modern Art, 29 F.3d 47, 49 (2d Cir. 1994)(followed)
- George v. City of New York, No. 12 CIV. 6365, 2013 WL 5943206, at *4 (S.D.N.Y. Nov. 6, 2013)(followed)
- Santos v. New York City Hous. Auth., No. 01-cv-1646, 2023 WL 1213335, at *4 (S.D.N.Y. Mar. 17, 2003)(followed)
- Watkins v. Marchese, No. 13 CIV. 3267, 2015 WL 4605660, at *3 (S.D.N.Y. July 31, 2015)(followed)
- Ruzsa v. Rubenstein & Sendy Attys at Law, 520 F.3d 176, 178 (2d Cir. 2008)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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