Gonzalez v. Creative Recreations, Inc.
- Analisa Torres
- 1:20-cv-03789
- U.S. District Court · Southern District of New York
- 1
In Gonzalez v. Creative Recreations, Judge Torres ordered Gonzalez to submit default-judgment materials by January 19, 2021, or face dismissal.
Raymond Gonzalez, whose case was given a January 19, 2021 deadline for submitting default-judgment materials, and Creative Recreations, Inc., which faced the possibility of dismissal of the action if Gonzalez failed to comply.
What happened
In Gonzalez v. Creative Recreations, Inc., Raymond Gonzalez had twice been ordered to seek a default judgment against Creative Recreations, Inc. He missed both deadlines.
The court gave Gonzalez until January 19, 2021, to submit the materials required for a default judgment. It warned that failing to meet this deadline would result in dismissal under Rule 41(b) of the Federal Rules of Civil Procedure.
The court did not dismiss the case in this order. Judge Analisa Torres instead set a final deadline and warned of the possible consequence for failing to comply.
The detailed version
- Gonzalez v. Creative Recreations, Inc. · No. 1:20-cv-03789
- Analisa Torres
- Jan. 7, 2021
Background
Raymond Gonzalez brought this action on behalf of himself and others similarly situated against Creative Recreations, Inc. The court had previously ordered Gonzalez to move for a default judgment by August 10, 2020. Gonzalez did not do so. On October 15, 2020, the court issued another order requiring him to move for default judgment by November 10, 2020. Gonzalez again did not comply.
Court’s Analysis
The court explained that Rule 41(b) of the Federal Rules of Civil Procedure allows a district court to dismiss an action when a plaintiff fails to prosecute the case or comply with the federal rules or a court order. The court cited authority stating that it may dismiss a case on its own for failure to prosecute.
Ruling
The court ordered Gonzalez to submit the materials for a default judgment by January 19, 2021, in accordance with Attachment A to the court’s Individual Practices in Civil Cases. The court warned that failure to do so would result in dismissal under Rule 41(b). This order itself did not dismiss the action.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.