Andich v. Blain Southern LLC
- Analisa Torres
- 1:20-cv-05728
- U.S. District Court · Southern District of New York
- 1
In Andich v. Blain Southern LLC, Judge Torres ordered Plaintiff Lidia Andich to pursue default-judgment proceedings or risk dismissal for inactivity.
The order directly affects Plaintiff Lidia Andich by requiring her to pursue default-judgment proceedings or otherwise prosecute the action. It also affects Defendants Blain Southern LLC and Harry Blain because the order concerns the case against them.
What happened
Andich v. Blain Southern LLC lists Lidia Andich as the plaintiff and Blain Southern LLC and Harry Blain as the defendants. The order does not describe the underlying claims.
The court ordered Andich to begin proceedings seeking a judgment based on the defendants’ default by November 16, 2020, or otherwise take steps to move the case forward.
Judge Analisa Torres warned that failing to do so would result in dismissal under Federal Rule of Civil Procedure 41(b). The order did not dismiss the case at that time.
The detailed version
- Andich v. Blain Southern LLC · No. 1:20-cv-05728
- Analisa Torres
- Oct. 21, 2020
Background
The caption identifies Lidia Andich as the plaintiff and Blain Southern LLC and Harry Blain as the defendants. The order does not state the claims or explain the circumstances underlying the case.
Order
The court directed Andich, by November 16, 2020, to start proceedings for a default judgment under Attachment A to the court’s Individual Practices in Civil Cases, or otherwise take steps to prosecute the action. A default judgment is a judgment sought because a party has failed to respond or otherwise defend, but the order does not explain the defendants’ status or whether they had already been found in default.
Warning and effect
The court stated that failure to comply would result in dismissal under Rule 41(b) of the Federal Rules of Civil Procedure, which permits dismissal for failure to prosecute or comply with court requirements. The order itself did not dismiss the case. Judge Analisa Torres signed the order on October 21, 2020.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.