Ahluwalia v. Zaika Food Company LLC
- Katharine Parker
- 1:19-cv-10940
- U.S. District Court · Southern District of New York
- 1
In Ahluwalia v. Zaika Food Company LLC, Judge Torres directed a filing step concerning default against Zaika and warned that inaction could lead to dismissal.
Plaintiff Manmohan Ahluwalia and Defendants Zaika Food Company LLC, Mandeep Oberoi, and Pooja Patel; the order specifically required action concerning Zaika and warned Ahluwalia about prosecuting the case.
What happened
In Ahluwalia v. Zaika Food Company LLC, Plaintiff Manmohan Ahluwalia asked the court to process proposed certificates of default against Zaika Food Company LLC, Mandeep Oberoi, and Pooja Patel. The order says his first filing was insufficient, and his later filing named only Oberoi and Patel.
The court directed Ahluwalia to request a certificate of default from the Clerk of Court for Zaika Food Company LLC. The order states that this request was due by the date written as May 5, 20721.
Judge Torres also warned that the case could be dismissed if Ahluwalia failed to pursue it diligently or failed to follow the federal rules or a court order. The order did not dismiss the case or decide the underlying claims.
The detailed version
- Ahluwalia v. Zaika Food Company LLC · No. 1:19-cv-10940
- Katharine Parker
- May 3, 2021
Background
Plaintiff Manmohan Ahluwalia filed proposed certificates of default against Defendants Mandeep Oberoi, Pooja Patel, and Zaika Food Company LLC. A certificate of default is a court-clerk document concerning a party's failure to respond in a case. The court stated that Ahluwalia's April 22, 2020 filing was deemed insufficient the next day. The order also stated that Ahluwalia later filed another proposed certificate of default naming only Oberoi and Patel.
Order
The court directed Ahluwalia to request a certificate of default from the Clerk of Court for Zaika Food Company LLC. The order states the deadline as May 5, 20721. Because that date appears inconsistent with the May 3, 2021 order date, the opinion may contain a typographical error; the summary does not correct it.
Warning and disposition
The court reminded Ahluwalia that Federal Rule of Civil Procedure 41(b) allows an action to be dismissed when a plaintiff fails to prosecute the case or comply with the federal rules or a court order. The court cited lack of diligence as a basis for dismissal. The order did not dismiss the action, enter a default judgment, or decide the merits of the claims. It instead issued the filing direction and warning described above.
Judge
The order was signed by Analisa Torres, United States District Judge.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.