N47 Associates LLC v. Alba Services Inc.
- Vyskocil
- 1:21-cv-03490
- U.S. District Court · Southern District of New York
- 2
In N47 Associates v. Alba Services, Judge Vyskocil set a deadline for seeking default judgment and warned of possible dismissal for delay.
The order affected N47 Associates LLC and New York Marine and General Insurance Company, Inc., which were required to act by February 3, 2022, and Alba Services Inc. and Accredited Surety & Casualty Co., Inc., whose responses had not been filed.
What happened
N47 Associates LLC and New York Marine and General Insurance Company, Inc. sued Alba Services Inc. and Accredited Surety & Casualty Co., Inc. The court had previously dismissed the case without prejudice after plaintiffs did not file proof that defendants had been served, but later reopened it after plaintiffs submitted service affidavits.
The defendants’ deadlines to respond were extended to December 17, 2021. No responses had been filed, and the plaintiffs had not pursued the case further.
Judge Mary Kay Vyskocil ordered that any request for default judgment be filed by February 3, 2022. The court warned that failing to meet that deadline could lead to dismissal for failure to prosecute under Federal Rule of Civil Procedure 41(b).
The detailed version
- N47 Associates LLC v. Alba Services Inc. · No. 1:21-cv-03490
- Vyskocil
- Jan. 3, 2022
Background
Plaintiffs filed a First Amended Complaint on June 18, 2021. On September 20, 2021, the Court ordered plaintiffs to show that they had served the complaint by October 20, 2021. When plaintiffs had not filed proof of service by October 21, 2021, the Court dismissed the action without prejudice, provided that plaintiffs applied to restore it by November 22, 2021.
Plaintiffs moved to reopen the case on November 1, 2021, and attached affidavits stating that Alba Services Inc. and Accredited Surety & Casualty Co., Inc. had been served. The Court reopened the case on November 17, 2021, and extended defendants’ deadlines to respond to December 17, 2021.
Order
The Court stated that no responses had been filed and that plaintiffs had not prosecuted the case. It ordered that any motion for entry of a default judgment be filed by February 3, 2022, and directed plaintiffs to follow the Court’s procedures for default judgments. A default judgment is a judgment that may be entered when a party fails to respond or otherwise defend. The Court warned that failure to file the motion by the deadline may result in dismissal for failure to prosecute under Federal Rule of Civil Procedure 41(b). The order did not decide the parties’ underlying claims or enter a default judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.