Joe Hand Promotions, Inc. v. Lizardo
- Vyskocil
- 1:20-cv-06593
- U.S. District Court · Southern District of New York
- 1
In Joe Hand Promotions v. Lizardo, Judge Vyskocil dismissed the case for failure to prosecute, subject to a deadline for restoration.
Joe Hand Promotions, Inc., Julio Lizardo, and J&H Restaurant Associates, Inc.
What happened
In Joe Hand Promotions, Inc. v. Lizardo, Joe Hand Promotions sued Julio Lizardo and J&H Restaurant Associates, Inc. The complaint was filed on August 18, 2020, and the defendants’ responses were due October 27, 2020.
No responses were filed, and the plaintiff had not pursued the case after filing it. The opinion does not describe the underlying claims.
Judge Mary Kay Vyskocil ordered the action discontinued for failure to prosecute, without costs to any party and without prejudice to restoring it if an application was made by February 19, 2021. If no application was made by that date, the dismissal would be with prejudice.
The detailed version
- Joe Hand Promotions, Inc. v. Lizardo · No. 1:20-cv-06593
- Vyskocil
- Jan. 20, 2021
Background
Joe Hand Promotions, Inc. filed the complaint on August 18, 2020. An executed summons was filed on October 12, 2020, and the summonses stated that Julio Lizardo and J&H Restaurant Associates, Inc. had to respond by October 27, 2020. No responses were filed, and Joe Hand Promotions had not prosecuted the case by the date of the order.
Ruling
The court ordered that the action be discontinued for failure to prosecute. The discontinuance was 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 February 19, 2021. The order stated that if no application was made by that date, the dismissal would be with prejudice.
Effect
The order disposed of the case based on the plaintiff’s failure to prosecute; it did not decide the underlying claims. The order did not state what those claims were.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.