Saiber LLC v. 20 TSQ Lessee LLC
- Vyskocil
- 1:20-cv-03213
- U.S. District Court · Southern District of New York
- 1
Judge Vyskocil dismissed Saiber LLC v. 20 TSQ Lessee LLC for failure to prosecute, allowing timely restoration but otherwise making dismissal with prejudice.
Saiber LLC’s case against 20 TSQ Lessee LLC and Maefield Development Corporation was discontinued for failure to prosecute, subject to the stated deadline for seeking restoration.
What happened
In Saiber LLC v. 20 TSQ Lessee LLC, the defendants’ responses were due by July 22, 2020, but nothing was filed, and Saiber took no further action to pursue the case.
The court discontinued the action for failure to prosecute, without costs to any party and without prejudice to restoring it if Saiber applied by November 25, 2020.
Judge Mary Kay Vyskocil stated that if no restoration application was made by that date, the dismissal would be with prejudice. The order did not address the merits of the claims.
The detailed version
- Saiber LLC v. 20 TSQ Lessee LLC · No. 1:20-cv-03213
- Vyskocil
- Oct. 26, 2020
Background
Saiber LLC filed the complaint on April 23, 2020. The docket showed service on the defendants on June 26 and July 1, 2020. Their responses were due no later than July 22, 2020, but no responses were filed. The court also stated that Saiber took no action to prosecute the case after that point.
Ruling
The court ordered that the action be discontinued for failure to prosecute. The order imposed no costs on any party and allowed the action to be restored to the court’s calendar without prejudice if an application to restore it was made by November 25, 2020. The court further ordered that if no such application was made by that date, the dismissal would be with prejudice. Judge Mary Kay Vyskocil did not decide the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.