Professional Fighters League, LLC v. Millions.co Inc.
1:24-cv-08124
| S.D.N.Y. | Mar 4, 2025Background
- Plaintiff Professional Fighters League, LLC filed a breach of contract suit against Millions.co Inc. on October 25, 2024.
- The Court set an initial status conference and required a joint letter and case management plan, which was never submitted.
- Plaintiff failed to serve the defendant and did not request issuance of a summons within the required 90-day period.
- The Court issued multiple orders requiring Plaintiff to explain the failure to serve or risk dismissal; Plaintiff did not respond.
- Over four months passed without Plaintiff filing anything on the docket after the complaint.
- The case was ultimately dismissed without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the case should be dismissed for failure to prosecute and comply with court orders | Not presented (Plaintiff did not communicate or explain failure) | Not presented (Defendant not involved) | Action dismissed without prejudice for failure to prosecute |
Key Cases Cited
- LeSane v. Hall’s Sec. Analyst, Inc., 239 F.3d 206 (2d Cir. 2001) (district courts have authority to dismiss sua sponte for failure to prosecute)
- Baptiste v. Sommers, 768 F.3d 212 (2d Cir. 2014) (outlines factors for Rule 41(b) dismissal)
- Lucas v. Miles, 84 F.3d 532 (2d Cir. 1996) (sets five-factor test for Rule 41(b) dismissal)
- Mitchell v. Lyons Prof. Servs., Inc., 708 F.3d 463 (2d Cir. 2013) (requires notice and opportunity before Rule 41(b) dismissal)