Basurto Galindo v. AAIY INC.
- Sarah Netburn
- 1:21-cv-00212
- U.S. District Court · Southern District of New York
- 2
Basurto Galindo v. AAIY INC.: Judge Vyskocil ordered a default-judgment motion by February 3, 2022, or the case may be dismissed.
The order affected Zenaido Basurto Galindo and defendants AAIY INC., Itai Zolay, and Yehouda Bitan by setting a deadline for a possible default-judgment motion and warning of possible dismissal if no motion was filed.
What happened
In Basurto Galindo v. AAIY INC., Zenaido Basurto Galindo filed the case and later filed an amended complaint. The record showed that the defendants were served and that their responses were due by January 7, 2022.
No defendant filed a response by that date, and the court said Galindo had not moved the case forward. The court therefore set a February 3, 2022 deadline for any motion seeking a judgment because the defendants had not responded.
Judge Mary Kay Vyskocil ordered Galindo to follow the court’s procedures for such motions. The order warned that failing to file by the deadline may lead to dismissal for failure to prosecute, but it did not itself enter a default judgment or dismiss the case.
The detailed version
- Basurto Galindo v. AAIY INC. · No. 1:21-cv-00212
- Sarah Netburn
- Jan. 20, 2022
Background
Zenaido Basurto Galindo filed the original complaint on January 11, 2021. The court later granted his request to file an amended complaint and directed him to serve it and file proof of service. Galindo filed the amended complaint on November 19, 2021. The docket then included affidavits showing service of the summons and complaint on December 13, 16, and 22, 2021.
Defendants’ Responses
According to the filed summonses, the latest deadline for a defendant to respond was January 7, 2022. No defendant had filed a response by that date. The court also stated that Galindo had not prosecuted the case to that point.
Court’s Order
The court ordered that any motion for entry of a default judgment be filed by February 3, 2022. A default judgment is a judgment requested because a defendant did not respond or otherwise defend. The court directed Galindo to follow the procedures in Judge Mary Kay Vyskocil’s Individual Rules and Practices for Civil Cases. The court warned that failure to file a default-judgment motion by February 3, 2022 may result in dismissal for failure to prosecute under Federal Rule of Civil Procedure 41(b). The order did not grant a default judgment and did not dismiss the action.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.