Angeles v. Bobsweep USA
- Vyskocil
- 1:20-cv-06517
- U.S. District Court · Southern District of New York
- 1
In Angeles v. Bobsweep USA, Judge Vyskocil dismissed the case for failure to prosecute, allowing restoration by March 10, 2021, before prejudice attached.
The order affected Jenisa Angeles's action against Bobsweep USA, including the claims she brought on behalf of herself and others similarly situated.
What happened
Angeles v. Bobsweep USA began when Jenisa Angeles filed a complaint on behalf of herself and others on August 17, 2020. The court ordered her to serve Bobsweep USA with the summons and complaint by February 5, 2021.
The court said Angeles had not filed proof of service or taken other action to prosecute the case. It therefore dismissed the action for failure to prosecute, without costs to either party and without prejudice to restoring the case if an application was made by March 10, 2021.
Judge Mary Kay Vyskocil issued the order on February 8, 2021. The order states that if no application to restore the case was made by March 10, 2021, the dismissal would become with prejudice.
The detailed version
- Angeles v. Bobsweep USA · No. 1:20-cv-06517
- Vyskocil
- Feb. 8, 2021
Background
Jenisa Angeles filed the complaint on August 17, 2020, on behalf of herself and all others similarly situated. On January 6, 2021, the Court ordered her to serve Bobsweep USA with the summons and complaint by February 5, 2021. The Court warned that the complaint would be dismissed for failure to prosecute if service was not made and Angeles did not show cause for the failure.
Court’s Reasoning
The Court stated that Angeles had not filed proof of service or otherwise taken action to prosecute the case by February 8, 2021. Failure to prosecute means failing to move a case forward as required.
Disposition
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 Angeles applied to restore it by March 10, 2021. The order further stated that if no such application was made by that date, the dismissal would be with prejudice. Judge Mary Kay Vyskocil signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.