Mendez v. Sadigh Gallery Ancient Art Inc.
- Alison Nathan
- 1:19-cv-11534
- U.S. District Court · Southern District of New York
- 2
In Mendez v. Sadigh Gallery, Judge Nathan ordered Mendez to seek default judgment or explain the delay, adjourned the conference, and required service.
Himelda Mendez and Sadigh Gallery Ancient Art Inc.; the order required Mendez to take specified procedural steps because Sadigh Gallery had not filed an answer or other response.
What happened
In Mendez v. Sadigh Gallery Ancient Art Inc., the court noted that the defendant had not filed an answer or other response by the deadline shown in the affidavit of service.
The court ordered the plaintiff, within three weeks, to seek a certificate of default and move for a judgment because the defendant did not appear, or file a status update explaining why she should not do so. The court also required her to serve the order on the defendant within one week and file proof of service.
Judge Alison J. Nathan adjourned the initial pretrial conference from May 22, 2020, to June 26, 2020, and warned that failure to act could lead to dismissal of the claims with prejudice for failure to prosecute.
The detailed version
- Mendez v. Sadigh Gallery Ancient Art Inc. · No. 1:19-cv-11534
- Alison Nathan
- May 12, 2020
Background
According to an affidavit of service filed on January 28, 2020, Sadigh Gallery Ancient Art Inc.'s answer or other response to the complaint was due that day. The court stated that it had not received the defendant's answer as of May 12, 2020.
Orders
The court directed Himelda Mendez, within three weeks, to seek a certificate of default and move for default judgment under the court's individual practices, or to file a status update explaining why a motion for default judgment should not be filed at that time. A default judgment is a judgment requested because a defendant has not appeared or responded. The court warned that failure to take one of those actions could result in dismissal of Mendez's claims with prejudice for failure to prosecute.
The court adjourned the initial pretrial conference from May 22, 2020, to June 26, 2020, at 3:15 p.m. It also required Mendez to serve the order on Sadigh Gallery Ancient Art Inc. and file an affidavit of service on the court's electronic docket within one week of the order's date.
Disposition
Judge Alison J. Nathan issued case-management and default-related directives. The order did not decide the merits of Mendez's claims or enter a default judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.