Bushansky v. EQM Midstream Partners, LP
- Vyskocil
- 1:20-cv-03183
- U.S. District Court · Southern District of New York
- 1
In Bushansky v. EQM Midstream Partners, Judge Vyskocil discontinued the action for failure to prosecute, allowing restoration by December 9, 2020.
The dismissal affected Stephen Bushansky’s action against EQM Midstream Partners, LP, and the other named defendants. The action could be restored if a request was made by December 9, 2020; otherwise, the dismissal would be with prejudice.
What happened
In Bushansky v. EQM Midstream Partners, LP, Stephen Bushansky filed a complaint against EQM Midstream Partners, LP, and other defendants on April 22, 2020.
The court said no proof that the complaint had been served was filed, and the time to serve the defendants had expired. It discontinued the action for failure to prosecute, without costs to any party, while allowing Bushansky to ask to restore the action to the court’s calendar by December 9, 2020.
Judge Mary Kay Vyskocil ordered that if no restoration request was made by that date, the dismissal would be with prejudice.
The detailed version
- Bushansky v. EQM Midstream Partners, LP · No. 1:20-cv-03183
- Vyskocil
- Nov. 9, 2020
Background
Stephen Bushansky filed the complaint in this action on April 22, 2020. The opinion states that proof of service of the complaint was never filed and that the time to serve the defendants had expired several months earlier.
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 if an application to restore it was made by December 9, 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, United States District Judge, signed the order on November 9, 2020.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.