Torres v. Golden Home Furniture Inc
- Vyskocil
- 1:20-cv-04789
- U.S. District Court · Southern District of New York
- 1
In Torres v. Golden Home Furniture, Judge Vyskocil ordered a default-judgment motion by March 21, warning that failure could lead to dismissal for failure to prosecute.
The order required Sergio Torres to file any motion for default judgment by March 21, 2022, and warned that the action could be dismissed if he did not do so. The defendants had not filed responses by the stated deadline.
What happened
In Torres v. Golden Home Furniture, Sergio Torres filed an amended complaint on January 7, 2022. Defendants’ responses were due February 2, 2022, but none were filed, and the court stated that Torres had not prosecuted the case.
The court ordered that any motion for entry of a default judgment be filed by March 21, 2022. It directed Torres to follow the court’s procedures for default judgments.
Judge Mary Kay Vyskocil warned that failing to file the motion by the deadline could result in dismissal of the action for failure to prosecute. The order did not itself enter a default judgment or dismiss the case.
The detailed version
- Torres v. Golden Home Furniture Inc · No. 1:20-cv-04789
- Vyskocil
- Mar. 7, 2022
Background
Sergio Torres filed a First Amended Complaint on January 7, 2022. The docket reflected that summonses and complaints were served on the defendants, and that their responses were due February 2, 2022. No responses had been filed. The court also stated that Torres had not prosecuted the case to date.
Order
The court ordered that any motion for entry of a default judgment be filed by March 21, 2022. A default judgment is a judgment that may be entered when a defendant fails to respond or otherwise participate as required. The court directed Torres to follow the procedures in its Individual Rules and Practices for Civil Cases.
Effect
The court warned that failure to move for a default judgment by March 21, 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 did not enter a 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.