N.J. Federal Judge Refuses to Reinstate Sandy Action Following Dismissal for Failure to Prosecute

CAMDEN, N.J. — A New Jersey federal judge has refused to reinstate a Superstorm Sandy action that had been dismissed for failure to prosecute, finding the plaintiff failed to provide evidence of “extraordinary circumstances” that would warrant vacatur of the dismissal order.

On March 4, Judge Robert B. Kugler of the U.S. District Court for the District of New Jersey further noted that the defendant insurer had never been served with the plaintiff’s amended complaint, and that the pleading contained numerous pleading deficiencies, each of which would warrant dismissal.

Gerard Margiotti sued Penn-American Insurance Co., seeking flood insurance proceeds for …