Paguada v. Triangle Home Fashions, LLC
- Vyskocil
- 1:20-cv-06670
- U.S. District Court · Southern District of New York
- 1
In Paguada v. Triangle Home Fashions, Judge Vyskocil discontinued the action for failure to prosecute, subject to restoration by May 5, 2021.
The action brought by Josue Paguada against Triangle Home Fashions, LLC was discontinued for failure to prosecute; the order allowed restoration by May 5, 2021, after which the dismissal would be with prejudice.
What happened
Paguada v. Triangle Home Fashions, LLC began when Josue Paguada filed a complaint on August 20, 2020, and Triangle Home Fashions, LLC was served on August 25, 2020.
The court gave Paguada until March 2, 2021, to seek a judgment because the defendant had not responded. The court warned that failing to meet that deadline could lead to dismissal for failure to prosecute. Paguada did not file the required motion.
Judge Mary Kay Vyskocil discontinued the action for failure to prosecute, without costs to either party and without prejudice to restoring it by May 5, 2021. If no restoration request was made by that date, the dismissal would become with prejudice.
The detailed version
- Paguada v. Triangle Home Fashions, LLC · No. 1:20-cv-06670
- Vyskocil
- Apr. 5, 2021
Background
Josue Paguada filed the complaint on August 20, 2020. The record showed that Triangle Home Fashions, LLC was served with the complaint on August 25, 2020.
On February 16, 2021, the court set March 2, 2021, as the deadline for Paguada to move for default judgment. The court warned that it would dismiss the action for failure to prosecute if Paguada did not make the motion by that date. Paguada did not move for default judgment.
Ruling
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 Paguada made the application by May 5, 2021. The order stated that if no application was made by that date, the dismissal would be with prejudice. The court cited Second Circuit and Supreme Court authority concerning dismissal for failure to prosecute.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.