Hassan v. Classic Food Inc.
- Ona Wang
- 1:20-cv-07549
- U.S. District Court · Southern District of New York
- 1
In Hassan v. Classic Food, Judge Torres postponed the conference and ordered the plaintiff to pursue default judgment or prosecute the case.
The order directly affected plaintiff Rabey A. Hassan by requiring him to pursue default judgment proceedings or otherwise prosecute the case by January 29, 2021. It also postponed the initial pretrial conference involving all parties.
What happened
In Hassan v. Classic Food Inc., the court postponed the initial pretrial conference that was scheduled for January 18, 2021, without setting a new date.
The court ordered the plaintiff to begin proceedings for a default judgment by January 29, 2021, or otherwise take steps to move the case forward. The court warned that failing to do so would result in dismissal under Federal Rule of Civil Procedure 41(b).
Judge Analisa Torres issued the order on January 8, 2021. The order addressed case management and prosecution, not the underlying claims.
The detailed version
- Hassan v. Classic Food Inc. · No. 1:20-cv-07549
- Ona Wang
- Jan. 8, 2021
Background
Rabey A. Hassan sued Classic Food Inc., doing business as Sido Falafel & More, and Emile Akleh, individually. The court had scheduled an initial pretrial conference for January 18, 2021.
Order
The court adjourned the conference without setting a new date. It ordered Hassan, by January 29, 2021, either to begin proceedings seeking a default judgment under the court's individual practices or to take other steps to prosecute the action. A default judgment is a judgment entered when a party against whom relief is sought does not defend the case.
The court warned that failure to comply would result in dismissal under Rule 41(b) of the Federal Rules of Civil Procedure, which permits dismissal when a plaintiff fails to prosecute an action or comply with a court order.
Disposition and Scope
The court did not decide the underlying claims or enter a default judgment. The order was issued by Judge Analisa Torres and concerned scheduling and prosecution of the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.