G & G Closed Circuit Events, Inc. v. Mendieta
- Vyskocil
- 1:20-cv-01432
- U.S. District Court · Southern District of New York
- 1
In G&G Closed Circuit Events v. Mendieta, Judge Vyskocil dismissed the case for failure to prosecute, allowing restoration by May 7, 2021.
G&G Closed Circuit Events, Inc. and the defendants in the action were affected. The case was discontinued for failure to prosecute, subject to possible restoration by May 7, 2021, after which the court stated the dismissal would be with prejudice.
What happened
G&G Closed Circuit Events, Inc. v. Mendieta concerned a lawsuit in which the defendants were served but did not respond. The plaintiff asked for a judgment because of that failure to respond, but the court denied the request without prejudice.
After that denial, the plaintiff took no further action to move the case forward. The opinion does not describe the underlying claims.
Judge Mary Kay Vyskocil discontinued the case for failure to prosecute, without costs and without prejudice to restoring it by May 7, 2021. The court stated that if no restoration request was filed by that date, the dismissal would be with prejudice.
The detailed version
- G & G Closed Circuit Events, Inc. v. Mendieta · No. 1:20-cv-01432
- Vyskocil
- Apr. 7, 2021
Background
The complaint was filed on February 19, 2020. The defendants were served but did not respond. G&G Closed Circuit Events, Inc. then sought a default judgment, meaning a judgment based on the defendants’ failure to respond. The court denied that motion on December 16, 2020, without prejudice to refiling.
The plaintiff took no further action to prosecute the case after the court denied the default-judgment motion.
Ruling
Judge Mary Kay Vyskocil ordered that the action be discontinued for failure to prosecute. The order imposed no costs on any party and stated that the action could be restored to the court’s calendar if the plaintiff applied to restore it by May 7, 2021. Any such application had to explain the delay in filing a new default-judgment motion and include a proposed schedule for filing that motion.
The court further stated that if no restoration application was filed by May 7, 2021, the dismissal would be with prejudice. The opinion does not decide the merits of the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.