Hughes v. Love Conquers All Inc.

Background

Kevin Hughes filed the case seeking recovery under the Fair Labor Standards Act and the New York Labor Law. The opinion states that all defendants were served by June 12, 2020, but they did not appear. On July 2, 2020, the court ordered Hughes to apply for a default judgment by July 24 or face dismissal for failure to prosecute. The court later granted Hughes’s request for an extension and set September 8, 2020, as the new deadline.

On September 8, Hughes requested another extension. The court denied that request and dismissed the case for failure to prosecute under Federal Rule of Civil Procedure 41(b). Hughes then moved for reconsideration or reargument. He argued that his failure to seek a default judgment was brief, that he requested an extension before the deadline, and that the court had not weighed the factors governing dismissal for failure to prosecute. He also cited the effects of the COVID-19 pandemic and other work on his counsel’s office.

Court’s Action

The court’s order states: “Application GRANTED in part.” The order noted that Hughes requested the extension on the deadline rather than two days earlier as required by Rule 2(C) of the court’s individual practices, and that he provided no explanation for missing the deadline.

The clerk was directed to reopen the case. Hughes was ordered to move for default judgment no later than October 8, 2020, and the court stated that no further extensions would be granted. The order does not separately state that the September 9 dismissal was vacated, although reopening the case indicates that the case was returned to the court’s calendar.

Disposition and Classification

The motion for reconsideration or reargument was granted in part. The case was reopened, and a new deadline was set for Hughes to seek a default judgment. This is classified as a procedural order because the court’s action concerned reconsideration of a prior failure-to-prosecute dismissal and did not decide the merits of Hughes’s wage claims.