Summary
The United States District Court for the Southern District of New York dismissed Bryan Nathaniel Johnson’s action against Cameron Giles with prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute and comply with court orders. The court denied Giles’s request for attorney’s fees after he failed to provide the requested authority and argument.
Holdings
- Dismissal with prejudice was warranted under Federal Rule of Civil Procedure 41(b) because Plaintiff failed to prosecute the action for more than seven months, violated multiple court orders, received repeated and unequivocal notice that dismissal could result, and did not respond to the final warning or show cause orders.
- Defendant's request for attorney's fees was denied because Defendant failed to comply with the court's order directing him to submit authority and argument supporting the request.
Questions Presented
- Whether the action should be dismissed with prejudice under Federal Rule of Civil Procedure 41(b) because Plaintiff failed to prosecute the case and comply with court orders.
- Whether Defendant should receive an award of attorney's fees after requesting fees but failing to submit the authority and argument ordered by the court.
Disposition
dismissed
Cases Cited (7)
- Baptiste v. Sommers, 768 F.3d 212 (2d Cir. 2014)(followed)
- Mitchell v. Lyons Professional Services, Inc., 708 F.3d 463 (2d Cir. 2013)(followed)
- LeSane v. Hall's Security Analyst, Inc., 239 F.3d 206 (2d Cir. 2001)(followed)
- Ruzsa v. Rubenstein & Sendy Attys at L., 520 F.3d 176 (2d Cir. 2008)(followed)
- Chira v. Lockheed Aircraft Corp., 634 F.2d 664 (2d Cir. 1980)(followed)
- U.S. ex rel. Drake v. Norden Systems, Inc., 375 F.3d 248 (2d Cir. 2004)(followed)
- Marx v. General Revenue Corp., 568 U.S. 371 (2013)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…