ImageFiction, Inc. v. American Media, Inc.
- Vyskocil
- 1:21-cv-09463
- U.S. District Court · Southern District of New York
- 1
In ImageFiction v. American Media, Judge Vyskocil ordered a deadline for seeking default judgment and warned of possible dismissal.
ImageFiction, Inc. was given a deadline to seek default judgment; American Media, Inc. had not filed a response according to the opinion. The court warned that the action could be dismissed if ImageFiction failed to pursue it.
What happened
ImageFiction, Inc. sued American Media, Inc. on November 16, 2021. The court received proof that American Media was served, and its response was due December 13, 2021. No response had been filed, and ImageFiction had not continued pursuing the case.
The court ordered ImageFiction to file any request for a default judgment by January 24, 2022. A default judgment is a judgment requested because the opposing party did not respond. The court also directed ImageFiction to follow the procedures in the court’s rules. It warned that failing to meet the deadline could lead to dismissal for failure to prosecute, meaning failure to move the case forward.
Judge Mary Kay Vyskocil issued the order on January 3, 2022. The order did not enter a default judgment or dismiss the case.
The detailed version
- ImageFiction, Inc. v. American Media, Inc. · No. 1:21-cv-09463
- Vyskocil
- Jan. 3, 2022
Background
ImageFiction, Inc. filed its complaint on November 16, 2021. The docket included an affidavit stating that American Media, Inc. had been served with the summons and complaint on November 29, 2021, and that its response was due December 13, 2021. No response had been filed. The court also stated that ImageFiction had not prosecuted the case to date.
Order
The court ordered that any motion for entry of a default judgment be filed by January 24, 2022. A default judgment is a judgment sought because a defendant has not responded to the complaint. ImageFiction was directed to follow the procedures in the court’s Individual Rules and Practices for Civil Cases.
The court warned that failure to move for default judgment by the deadline may result in dismissal for failure to prosecute under Rule 41(b) of the Federal Rules of Civil Procedure. The order itself did not grant default judgment and did not dismiss the action.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.