Hartford Insurance Company of the Midwest v. Consulate Hotel Associates, LLC
- Vyskocil
- 1:21-cv-07412
- U.S. District Court · Southern District of New York
- 1
In Hartford v. Consulate, Judge Vyskocil set a deadline for seeking default judgment and warned that the case could be dismissed for inactivity.
The plaintiffs were required to seek default judgment by February 11, 2022, or risk possible dismissal for failure to prosecute. The defendant had not filed a response to the complaint.
What happened
Hartford Insurance Company of the Midwest and Hartford Accident and Indemnity Insurance Company sued Consulate Hotel Associates, LLC. The court said Consulate was served, but no response to the complaint was filed by the stated deadline.
The court also said the plaintiffs had not moved the case forward. It ordered that any request for a default judgment be filed by February 11, 2022, following the court’s procedures.
Judge Mary Kay Vyskocil warned that failing to request default judgment by that date could result in dismissal of the action for failure to prosecute. The court did not enter a default judgment or decide the underlying dispute.
The detailed version
- Hartford Insurance Company of the Midwest v. Consulate Hotel Associates, LLC · No. 1:21-cv-07412
- Vyskocil
- Jan. 12, 2022
Background
The plaintiffs filed the action on September 3,
- The docket showed that Consulate Hotel Associates, LLC was served with the summons and complaint on November 12,
- According to the summons, the defendant’s response was due November 26,
- No response was filed, and the plaintiffs had not prosecuted the case as of the date of the order.
Court’s Action
The court ordered that any motion for entry of a default judgment be filed by February 11, 2022. A default judgment is a judgment that may be entered when a defendant does not respond or otherwise participate as required. The court directed the plaintiffs to follow the procedures in the judge’s Individual Rules and Practices for Civil Cases.
Possible Dismissal
The order stated that failure to move for default judgment by February 11, 2022, may result in dismissal of the action for failure to prosecute under Rule 41(b) of the Federal Rules of Civil Procedure. Judge Mary Kay Vyskocil did not enter a default judgment, dismiss the action, or decide the parties’ underlying dispute in this order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.