Velasquez v. Dundee LLC
- Vyskocil
- 1:21-cv-09387
- U.S. District Court · Southern District of New York
- 1
In Velasquez v. Dundee LLC, Judge Vyskocil ordered plaintiff to seek default judgment or risk dismissal for failing to prosecute.
Ricardo Velasquez, Dundee LLC, and Tal Umatar LLC.
What happened
In Velasquez v. Dundee LLC, Ricardo Velasquez sued Dundee LLC and Tal Umatar LLC. The court said the defendants did not respond to the complaint and that Velasquez had not moved the case forward.
The court ordered Velasquez to file any request for a default judgment by March 14, 2022. A default judgment is a judgment entered when a defendant fails to respond or otherwise defend the case.
Judge Mary Kay Vyskocil warned that failing to meet the deadline may result in dismissal of the case for failure to prosecute under Federal Rule of Civil Procedure 41(b).
The detailed version
- Velasquez v. Dundee LLC · No. 1:21-cv-09387
- Vyskocil
- Feb. 14, 2022
Background
Ricardo Velasquez filed the complaint on November 12, 2021, against Dundee LLC, doing business as Caledonia, and Tal Umatar LLC. The docket included affidavits stating that the summons and complaint had been served. The opinion states that the defendants' responses were due December 30, 2022, although the affidavits of service were filed on January 23, 2022. No responses had been filed, and the court stated that Velasquez had not prosecuted the case to date.
Order
The court ordered that any motion for entry of a default judgment be filed by March 14, 2022. The court directed Velasquez to follow the procedures in its individual rules for civil cases. The court did not enter a default judgment in this order.
Warning and disposition
Judge Mary Kay Vyskocil warned that failure to move for a default judgment by March 14, 2022, may result in dismissal of the action for failure to prosecute under Rule 41(b) of the Federal Rules of Civil Procedure. The order set a deadline and issued that warning; it did not dismiss the action.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.