Gorokhovsky v. Stefantsova
- Vyskocil
- 1:19-cv-08101-MKV
- U.S. District Court · Southern District of New York
- 1
In Gorokhovsky v. Stefantsova, Judge Vyskocil discontinued the action for failure to prosecute, allowing restoration by June 10, 2020 before prejudice attached.
The order affected plaintiffs Vladimir M. Gorokhovsky and Igor Kaiurov by discontinuing their action against defendant Eleanora Stefantsova, while allowing them to seek restoration by June 10, 2020.
What happened
In Gorokhovsky v. Stefantsova, Vladimir M. Gorokhovsky and Igor Kaiurov sued Eleanora Stefantsova. The complaint was filed on August 29, 2019.
The plaintiffs tried several times to obtain summonses for Stefantsova, but they were unsuccessful. They had not requested another summons since January 2020.
Judge Mary Kay Vyskocil discontinued the action for failure to prosecute, without costs to any party and without prejudice to restoring it by June 10, 2020. If no restoration request was made by that date, the dismissal would be with prejudice.
The detailed version
- Gorokhovsky v. Stefantsova · No. 1:19-cv-08101-MKV
- Vyskocil
- May 11, 2020
Background
Vladimir M. Gorokhovsky and Igor Kaiurov filed the complaint against Eleanora Stefantsova on August 29, 2019. The plaintiffs unsuccessfully tried multiple times to obtain summonses for the defendant. The opinion states that they had not filed another request for a summons since January 2020.
Ruling
The court ordered that the action be discontinued for failure to prosecute, meaning the case was ended because the plaintiffs had not moved it forward. The discontinuance was without costs to any party and without prejudice to restoring the action to the court's calendar if the plaintiffs applied to restore it by June 10, 2020. The order further states that if no such application was made by that date, the dismissal would be with prejudice.
Effect of the Order
The action was discontinued on May 11, 2020, but the plaintiffs had until June 10, 2020, to seek restoration. The order specified that the dismissal would become with prejudice if they did not make that application by the deadline.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.