Gonzalez v. Jean Atelier LLC
- Vyskocil
- 1:20-cv-01022
- U.S. District Court · Southern District of New York
- 2
In Gonzalez v. Jean Atelier LLC, Judge Vyskocil set an April 18 deadline for a default-judgment motion and warned that the case could be dismissed.
Alberto Gonzalez must file any motion for default judgment by April 18, 2022, or the action may be dismissed for failure to prosecute. Jean Atelier LLC is the defendant in the action.
What happened
In Gonzalez v. Jean Atelier LLC, Alberto Gonzalez sued Jean Atelier LLC. After the defendant did not respond, Gonzalez obtained a certificate of default and later moved for a default judgment. The court previously denied that motion without prejudice because it could not determine whether Gonzalez owned the copyright involved in the complaint.
After that denial, Gonzalez took no further action to pursue the case. The court therefore ordered that any motion for default judgment be filed by April 18, 2022, following the court’s required procedures.
Judge Mary Kay Vyskocil warned that failing to file the motion by the deadline may result in dismissal for failure to prosecute, but the order did not itself dismiss the case.
The detailed version
- Gonzalez v. Jean Atelier LLC · No. 1:20-cv-01022
- Vyskocil
- Apr. 4, 2022
Background
Alberto Gonzalez filed this action against Jean Atelier LLC on February 5, 2020. The docket later recorded service of the summons and complaint and issued a certificate of default. After Gonzalez took no action to prosecute the case, the Court dismissed the action without prejudice subject to restoration to the Court’s calendar. Gonzalez timely sought to reopen the case, and the Court granted that request.
Gonzalez then moved for default judgment, which is a judgment requested when a defendant has not responded. On January 18, 2022, the Court denied that motion without prejudice because it could not determine whether Gonzalez owned the copyright at issue in the complaint. After that order, Gonzalez again took no action to prosecute the case.
Order
The Court ordered that any motion for entry of default judgment be filed by April 18, 2022. It directed Gonzalez to follow the procedures for default judgments in the Court’s Individual Rules and Practices for Civil Cases. The Court warned that failure to file the motion by that date 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 a warning; it did not itself dismiss the action or grant default judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.