Graciano v. Bikebandit.Com, LLC
- Vyskocil
- 1:20-cv-10791
- U.S. District Court · Southern District of New York
- 1
In Graciano v. Bikebandit.Com, LLC, Judge Vyskocil discontinued the action for failure to prosecute, allowing restoration by July 15, 2021 before dismissal became with prejudice.
Sandy Graciano and the putative class, as well as Bikebandit.Com, LLC and Bike Bandit, LLC; the action was discontinued because Plaintiff did not prosecute it, subject to the stated deadline for seeking restoration.
What happened
In Graciano v. Bikebandit.Com, LLC, Sandy Graciano brought an action on behalf of himself and others similarly situated. The complaint was filed on December 21, 2020, and Defendants’ responses were due March 29, 2021, but none were filed.
The Court later directed Plaintiff to file a letter about the case’s status by June 15, 2021. Nothing was filed by that deadline, and the opinion states that Plaintiff had not prosecuted the case.
Judge Mary Kay Vyskocil ordered the action discontinued for failure to prosecute, without costs to any party and without prejudice to restoring it to the Court’s calendar if an application was made by July 15, 2021. The order stated that if no application was made by then, the dismissal would be with prejudice.
The detailed version
- Graciano v. Bikebandit.Com, LLC · No. 1:20-cv-10791
- Vyskocil
- June 16, 2021
Background
Sandy Graciano filed the complaint on December 21, 2020, on behalf of himself and all others similarly situated, against Bikebandit.Com, LLC, and Bike Bandit, LLC. An affidavit of service was filed on March 17, 2021. According to the facts in that affidavit, Defendants’ responses to the complaint were due on March 29, 2021.
No responses were filed. The opinion states that Plaintiff had not prosecuted the case. On June 2, 2021, the Court directed Plaintiff to file a letter about the case’s status by June 15, 2021. No letter was filed by that deadline.
Ruling
Judge Mary Kay Vyskocil 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. The order permitted an application to restore the action if made by July 15, 2021. It further stated that if no such application was made by that date, the dismissal would be with prejudice.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.