Saint-Fleur v. J.P. Morgan Chase Bank, N.A.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------X JOHANNE SAINT-FLEUR, Plaintiff, - against - J.P. MORGAN CHASE BANK, N.A. and J.P. MORGAN CHASE & CO., ORDER Defendants. 24 Civ. 10036 (NRB) ---------------------------------X NAOMI REICE BUCHWALD UNITED STATES DISTRICT JUDGE WHEREAS on December 31, 2024, plaintiff Johanne Saint-Fleur filed a Complaint, ECF No. 1, arising out of the same events and seeking the same damages as those sought in Saint-Fleur v. JPMorgan Chase Bank, N.A., No. 23 Civ. 4908 (PGG); and WHEREAS Judge Paul G. Gardephe, to whom the prior case was assigned, dismissed that action for failure to prosecute, SaintFleur, 2024 WL 3185077 (S.D.N.Y. June 26, 2024); and WHEREAS a dismissal based on failure to prosecute “operates as an adjudication upon the merits,” Fed. R. Civ. P. 41(b), and plaintiff did not appeal this decision; and WHEREAS plaintiff’s prior complaint involved the same “nucleus of operative fact[s] . . . [and] the same parties or those ‘in privity’ with them[,]” Harry v. Rodriguez, 337 Fed. App’x 17, 18 (2d Cir. 2009), and “[t]here is nothing in plaintiff’s second complaint which could not have been ‘raised and litigated’ in his original action[,]” Chira v. Lockheed Aircraft Corp., 520 F. Supp. 1390, 1391 (S.D.N.Y. 1981); it is hereby ORDERED that this case is dismissed with prejudice. The Clerk of Court is respectfully directed to terminate any pending motions and close this case. Dated: New York, New York March 20, 2025 f/ _ L/ Meine Kid Vachuall NAOMI REICE BUCHWALD UNITED STATES DISTRICT JUDGE