Murphy v. Triple-S Management Corporation
- Vyskocil
- 1:21-cv-10259
- U.S. District Court · Southern District of New York
- 2
In Murphy v. Triple-S, Judge Vyskocil dismissed the action for failure to prosecute after Murphy did not serve defendants or respond to the court’s order.
The dismissal affected John Murphy’s action against Triple-S Management Corporation and the individually named defendants. Murphy could seek restoration by April 22, 2022; otherwise, the order stated that the dismissal would be with prejudice.
What happened
In Murphy v. Triple-S Management Corporation, the court had ordered John Murphy to serve the summons and complaint on the defendants by March 21, 2022, or explain why service had not been made. The court warned that failing to comply could result in dismissal for failure to prosecute.
Murphy did not file proof of service, explain the lack of service, or take any other action to prosecute the case. The court therefore discontinued the action without costs to any party and allowed Murphy to ask to restore it to the court’s calendar by April 22, 2022.
Judge Mary Kay Vyskocil ordered that if Murphy did not apply to restore the action by April 22, the dismissal would be with prejudice.
The detailed version
- Murphy v. Triple-S Management Corporation · No. 1:21-cv-10259
- Vyskocil
- Mar. 22, 2022
Background
On March 7, 2022, the court ordered John Murphy to serve the summons and complaint on the defendants by March 21, 2022, or show cause—that is, explain to the court—why service had not been made. The court warned that failure to comply would result in dismissal for failure to prosecute, meaning failure to move the case forward.
Plaintiff’s Inaction
By March 22, Murphy had not filed proof that the defendants were served, explained why service had not been made, or taken any other action to prosecute the case.
Ruling
Judge Mary Kay Vyskocil ordered that the action be discontinued for failure to prosecute, without costs to any party and without prejudice to restoring the action to the court’s calendar if Murphy applied to restore it by April 22, 2022. The order stated that if no such application was made by that date, the dismissal would be with prejudice.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.