Dorgan v. First Klass Breakfast, LLC
- Vyskocil
- 1:20-cv-04253
- U.S. District Court · Southern District of New York
- 1
In Dorgan v. First Klass Breakfast, Judge Vyskocil discontinued the action for failure to prosecute, allowing restoration by May 7, 2021, or dismissal with prejudice.
The order discontinued Ryan Dorgan’s case against First Klass Breakfast, LLC. The case could be restored if Dorgan applied by May 7, 2021, but the court stated that otherwise the dismissal would be with prejudice.
What happened
In Dorgan v. First Klass Breakfast, LLC, Ryan Dorgan sued First Klass Breakfast, LLC. The complaint was filed on June 3, 2020, and the defendant was served but did not respond.
Dorgan sought a default judgment, but the court denied that request without prejudice on September 18, 2020. He then took no further action to pursue the case.
Judge Mary Kay Vyskocil discontinued the action for failure to prosecute, without costs to either party and without prejudice to restoring it if Dorgan applied by May 7, 2021. Judge Vyskocil stated that if no application was filed by that date, the dismissal would be with prejudice.
The detailed version
- Dorgan v. First Klass Breakfast, LLC · No. 1:20-cv-04253
- Vyskocil
- Apr. 7, 2021
Background
Ryan Dorgan filed the complaint on June 3, 2020. First Klass Breakfast, LLC was served but did not respond. Dorgan later requested a default judgment, which the court denied without prejudice on September 18, 2020.
After that ruling, Dorgan took no action to prosecute the case.
Ruling
Judge Mary Kay Vyskocil ordered that the action be discontinued for failure to prosecute. The order imposed no costs on either party and allowed Dorgan to seek restoration of the action to the court’s calendar by May 7, 2021. Any application to reopen had to explain the delay in filing a new default-judgment motion and include a proposed schedule for filing that motion. The court stated that if no application was filed by May 7, 2021, the dismissal would be with prejudice.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.