Murphy v. BioTelemetry Inc.
- Vyskocil
- 1:20-cv-11019
- U.S. District Court · Southern District of New York
- 1
In Murphy v. BioTelemetry Inc., Judge Vyskocil discontinued the action for failure to prosecute, allowing restoration by June 7, 2021.
John Murphy’s case was discontinued because he did not serve the defendants or otherwise prosecute the action. The defendants were not assessed costs, and the case could be restored if Murphy applied by June 7, 2021; otherwise, the order stated that the dismissal would be with prejudice.
What happened
In Murphy v. BioTelemetry Inc., the court had ordered John Murphy to serve the summons and complaint on the defendants by May 5, 2021, or explain why service had not been made.
Murphy did not file proof of service, explain the lack of service, or take another action to move the case forward. The court had warned that failing to comply could lead to dismissal for failure to prosecute.
Judge Mary Kay Vyskocil discontinued the action without costs to any party and without prejudice to restoring it to the court’s calendar if Murphy applied by June 7, 2021. The order states that if no application was made by that date, the dismissal would be with prejudice.
The detailed version
- Murphy v. BioTelemetry Inc. · No. 1:20-cv-11019
- Vyskocil
- May 6, 2021
Background
On April 5, 2021, the court ordered Plaintiff John Murphy to serve the summons and complaint on the defendants by May 5, 2021, or show cause—in other words, explain—why service had not been completed. The court warned that failure to comply could result in dismissal for failure to prosecute, meaning failure to move the case forward.
What the Court Found
As of May 6, 2021, Murphy had not filed proof that the defendants were served, had not explained why service had not been made, and had not taken any other action to prosecute the case.
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 an application to restore it was made by June 7, 2021. The order further stated that if no application was made by that date, the dismissal would be with prejudice. Judge Mary Kay Vyskocil 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.