Zanca v. Moon Juice LLC
- Vyskocil
- 1:20-cv-06968
- U.S. District Court · Southern District of New York
- 1
Judge Vyskocil dismissed Zanca v. Moon Juice LLC for failure to prosecute, allowing restoration by March 19, 2021; otherwise dismissal becomes with prejudice.
Debra Zanca and Moon Juice LLC; the action was discontinued because Zanca did not move for default judgment by the court-ordered deadline.
What happened
In Zanca v. Moon Juice LLC, Debra Zanca sued Moon Juice LLC on behalf of herself and others similarly situated.
Moon Juice LLC was served with the complaint, and the court extended its deadline to respond. The court later gave Zanca until February 15, 2021, to seek a default judgment and warned that failing to do so could lead to dismissal for failure to prosecute. Zanca did not file that motion.
Judge Mary Kay Vyskocil discontinued the action for failure to prosecute, without costs to either party and without prejudice to restoring it if Zanca applied by March 19, 2021. If no application was made by that date, the dismissal would be with prejudice.
The detailed version
- Zanca v. Moon Juice LLC · No. 1:20-cv-06968
- Vyskocil
- Feb. 17, 2021
Background
Debra Zanca filed the complaint on August 27, 2020, against Moon Juice LLC on behalf of herself and others similarly situated. The record states that Moon Juice LLC was served on September 10, 2020. The court extended the defendant's deadline to answer or otherwise respond to October 23, 2020.
On January 6, 2021, the court set February 15, 2021, as the deadline for Zanca to move for default judgment. The court warned that failing to do so could result in dismissal for failure to prosecute. Zanca did not move for default judgment by that deadline.
Ruling
Judge Mary Kay Vyskocil 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 March 19, 2021. The order states that if no application was made by that date, the dismissal would be with prejudice. The opinion does not address the merits of Zanca's underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.