Guevara v. Goodnight Group LLC
- Barbara Moses
- 1:20-cv-05330
- U.S. District Court · Southern District of New York
- 1
In Guevara v. Goodnight Group, Judge Vyskocil discontinued the case for failure to prosecute, allowing restoration by January 15, 2021, before prejudice attached.
Plaintiff Stephania Ruiz Guevara and Defendants Goodnight Group LLC, et al.; the action was discontinued for failure to prosecute, subject to the stated restoration deadline.
What happened
In Guevara v. Goodnight Group LLC, the complaint was filed on July 10, 2020. The opinion states that defendants’ responses were due October 8, 2020, but no responses were filed, and Plaintiff had not pursued the case.
The court ordered that the action be discontinued for failure to prosecute, without costs to any party and without prejudice to restoring it to the court’s calendar if Plaintiff applied by January 15, 2021. If no application was made by that date, the dismissal would be with prejudice.
Mary Kay Vyskocil, the United States District Judge who signed the order, issued it on December 17, 2020, in New York.
The detailed version
- Guevara v. Goodnight Group LLC · No. 1:20-cv-05330
- Barbara Moses
- Dec. 17, 2020
Background
Stephania Ruiz Guevara filed the complaint on July 10, 2020. The opinion states that executed summonses filed on November 16, 2020, showed that Defendants’ responses were due October 8, 2020. No responses were filed, and Plaintiff had not prosecuted the case to that point.
Ruling
The court ordered that the action be discontinued for failure to prosecute, without costs to any party and without prejudice to restoring the action to the court’s calendar if an application to restore it was made by January 15, 2021. The order further states that if no application was made by that date, the dismissal would be with prejudice. The order cites LeSane v. Hall’s Security Analyst, Inc., and Link v. Wabash Railroad Co. in support of the disposition.
Effect
The case was not immediately made permanently unavailable: the order allowed an application to restore it by January 15, 2021. Under the order’s stated terms, failing to make that application by the deadline would make the dismissal with prejudice. Mary Kay Vyskocil signed the order as United States District Judge.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.