JTH Tax, Inc. v. Sawhney
- Alison Nathan
- 1:19-cv-04035
- U.S. District Court · Southern District of New York
- 1
In JTH Tax v. Sawhney, Judge Nathan ordered plaintiffs to seek default judgment by December 9 or face dismissal for failure to prosecute.
The order requires JTH Tax, Inc. and Siempretax+ LLC to seek default judgment by December 9, 2019, serve the order on Pawanmeet Sawhney within two days, and file proof of service. It warns that the action may be dismissed if the plaintiffs do not meet the deadline.
What happened
JTH Tax, Inc. v. Sawhney concerns the plaintiffs’ failure to file a motion for default judgment by an earlier deadline set by the court. The plaintiffs are JTH Tax, Inc., doing business as Liberty Tax Service, and Siempretax+ LLC; the defendant is Pawanmeet Sawhney.
The court ordered the plaintiffs to file their motion for default judgment by December 9, 2019. It warned that if they missed that deadline, it would dismiss the action for failure to prosecute without further notice. The plaintiffs also had to serve the order on the defendant within two days and file proof of service on the public docket.
Judge Alison J. Nathan issued the order on November 26, 2019. The order did not itself dismiss the action or decide whether the plaintiffs were entitled to default judgment.
The detailed version
- JTH Tax, Inc. v. Sawhney · No. 1:19-cv-04035
- Alison Nathan
- Nov. 26, 2019
Background
JTH Tax, Inc., doing business as Liberty Tax Service, and Siempretax+ LLC are the plaintiffs. Pawanmeet Sawhney is the defendant. The opinion states that, under the court’s October 2, 2019 order, the plaintiffs were required to move for default judgment by October 24, 2019. As of the date of this order, the court had not received that motion.
Order
The court ordered the plaintiffs to move for default judgment by December 9, 2019. It stated that, if the plaintiffs did not meet that deadline, the court would dismiss the action for failure to prosecute without further notice. Failure to prosecute means failing to move a case forward. The court did not state that it was dismissing the action at that time, and it did not decide the plaintiffs’ entitlement to default judgment.
The court also ordered the plaintiffs to serve the order on Sawhney within two days and file an affidavit of service on the public docket. Judge Alison J. Nathan signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.