Gonzalez v. Jean Atelier LLC
- Vyskocil
- 1:20-cv-01022
- U.S. District Court · Southern District of New York
- 1
In Gonzalez v. Jean Atelier LLC, Judge Vyskocil discontinued the case for failure to prosecute, allowing restoration by April 30, 2021.
Alberto Gonzalez and Jean Atelier LLC; the case was discontinued because Gonzalez did not prosecute it.
What happened
In Gonzalez v. Jean Atelier LLC, Alberto Gonzalez filed the complaint on February 5, 2020. He took no action until requesting a certificate of default against Jean Atelier LLC on December 8, 2020. The certificate was issued the next day, but he then took no further action.
The court discontinued the action for failure to prosecute, without costs to either party. The order allowed Gonzalez to ask to restore the case to the court’s calendar by April 30, 2021. It stated that if no such request was made by that date, the dismissal would be with prejudice.
Judge Mary Kay Vyskocil issued the order on March 31, 2021.
The detailed version
- Gonzalez v. Jean Atelier LLC · No. 1:20-cv-01022
- Vyskocil
- Mar. 31, 2021
Background
Alberto Gonzalez filed the complaint on February 5, 2020. The opinion states that he took no action to prosecute the case until December 8, 2020, when he requested a certificate of default against Jean Atelier LLC. The certificate of default was issued on December 9, 2020. Gonzalez then took no further 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 April 30, 2021. The order further stated that, if no application was made by that date, the dismissal of the action would be with prejudice. The opinion cites the Second Circuit’s decision in LeSane v. Hall’s Sec. Analyst, Inc., which in turn cited the Supreme Court’s decision in Link v. Wabash Railroad Co.
Effect
The order ended the case subject to the stated restoration deadline. The opinion does not state whether Gonzalez later applied to restore the action.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.