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S.D.N.Y.Procedural orderFiled June 28, 2021

Hedges v. Heidi Klein, Inc.

Judge
Analisa Torres
Docket
1:21-cv-00838
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureClass Action
In one sentence

In Hedges v. Heidi Klein, Inc., Judge Torres warned that Donna Hedges’s case could be dismissed unless she pursued default judgment by July 7.

Who this affects

Donna Hedges, who was ordered to pursue default judgment or otherwise take steps to prosecute the case, faced a warning of possible dismissal if she failed to comply.

What happened

Hedges v. Heidi Klein, Inc. concerns Donna Hedges’s failure to meet a court deadline for seeking a default judgment. The court had ordered her to begin those proceedings by June 7, 2021, but she did not do so.

The court gave Hedges until July 7, 2021, to begin default-judgment proceedings or otherwise take steps to move the case forward. The order did not dismiss the case at that time; it warned that failing to comply would lead to dismissal under Rule 41(b), a rule allowing dismissal when a plaintiff does not prosecute a case.

Judge Analisa Torres issued the order on June 28, 2021. The order requires Hedges to act by July 7 and warns of dismissal if she does not comply.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Hedges v. Heidi Klein, Inc. · No. 1:21-cv-00838
Judge
Analisa Torres
Date
June 28, 2021

Background

Donna Hedges sued Heidi Klein, Inc. on behalf of herself and other similarly situated people. The opinion states that, on May 7, 2021, the Court ordered Hedges to move for a default judgment by June 7, 2021. Hedges did not comply with that order.

Order

The Court ordered Hedges, by July 7, 2021, to begin default-judgment proceedings under Attachment A to the Court’s Individual Practices in Civil Cases or otherwise take steps to prosecute the action. The Court warned that failure to do so would result in dismissal under Rule 41(b) of the Federal Rules of Civil Procedure. The opinion does not state that the case was dismissed; it sets a deadline and warns of a possible future dismissal.

Disposition

Judge Analisa Torres entered the order on June 28, 2021. The order directs Hedges to take action by July 7, 2021, and does not rule on the merits of her claims.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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