Ward v. MusicLife Entertainment Group, LLC
- Vyskocil
- 1:18-cv-08457
- U.S. District Court · Southern District of New York
- 2
In Ward v. MusicLife, Judge Vyskocil discontinued the case for failure to prosecute, allowing restoration by April 18, 2020; otherwise dismissal became with prejudice.
Jesse Ward and defendants MusicLife Entertainment Group, LLC and Gentles Creative Group, Inc.; the action was discontinued subject to the stated restoration deadline.
What happened
Ward v. MusicLife Entertainment Group, LLC concerned Jesse Ward’s lawsuit against MusicLife Entertainment Group, LLC and Gentles Creative Group, Inc. The defendants were served but did not appear or respond.
The clerk entered defaults against both defendants, but more than a year passed without Ward requesting a default judgment or taking other steps to obtain relief. The opinion does not address the underlying claims.
Judge Mary Kay Vyskocil discontinued the case for failure to prosecute, without costs to any party and without prejudice to restoring it if Ward applied by April 18, 2020. The order stated that if no application was made by that date, the dismissal would be with prejudice.
The detailed version
- Ward v. MusicLife Entertainment Group, LLC · No. 1:18-cv-08457
- Vyskocil
- Mar. 18, 2020
Background
Jesse Ward filed the action on September 17, 2018, and filed an amended complaint on December 5, 2018. Ward served Gentles Creative Group, Inc. on December 14, 2018, and MusicLife Entertainment Group, LLC on January 7, 2019. Neither defendant appeared or responded. On February 21, 2019, the clerk entered a certificate of default against both defendants.
Failure to Prosecute
More than a year passed after the certificate of default was entered. During that time, Ward did not move for a default judgment or make any other effort to prosecute the case and obtain relief. The opinion therefore resolved the case based on failure to prosecute and did not decide the merits of Ward’s claims.
Disposition
Judge Mary Kay Vyskocil ordered that the action be discontinued for failure to prosecute, without costs to any party and without prejudice to restoring the action to the court’s calendar if an application to restore it was made by April 18, 2020. The order further stated that if no application was made by that date, the dismissal would be with prejudice.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.