Velasquez v. Best Way Driving School Inc.
- Vyskocil
- 1:21-cv-10872
- U.S. District Court · Southern District of New York
- 1
In Velasquez v. Best Way Driving School Inc., Judge Vyskocil ordered a default-judgment motion by May 4 or warned the case may be dismissed.
Ricardo Velasquez was given a deadline to seek a default judgment and warned that the action may be dismissed if he did not meet it. The defendants had not filed responses, but the order did not enter judgment against them.
What happened
In Velasquez v. Best Way Driving School Inc., Ricardo Velasquez sued Best Way Driving School Inc. and Franklin Ave Estates Owner LLC. The defendants did not respond by the stated deadline, and Velasquez had not pursued the case further.
The court ordered that any motion for a default judgment be filed by May 4, 2022, following the court’s procedures. It warned that failing to file the motion by that date may lead to dismissal for failure to prosecute.
Judge Mary Kay Vyskocil issued the order on April 4, 2022. The order did not decide the underlying claims or enter a default judgment.
The detailed version
- Velasquez v. Best Way Driving School Inc. · No. 1:21-cv-10872
- Vyskocil
- Apr. 4, 2022
Background
Ricardo Velasquez filed the action on December 19, 2021, against Best Way Driving School Inc., Best Way Driving School Inc. doing business as Best Way Driving School, and Franklin Ave Estates Owner LLC. The docket showed that affidavits stating that the summons and complaint had been served were filed on February 27, 2022. The summonses stated that the defendants’ responses were due February 17, 2022. No responses had been filed, and the plaintiff had not prosecuted the case to that point.
Order
The court ordered that any motion for entry of a default judgment be filed by May 4, 2022. It directed the plaintiff to follow the procedures in the judge’s individual rules and practices for civil cases. The court warned that failure to file the motion by May 4 may result in dismissal of the action for failure to prosecute under Rule 41(b) of the Federal Rules of Civil Procedure.
Effect of the Order
The court did not enter a default judgment, dismiss the action, or resolve the merits of the plaintiff’s claims in this order. Judge Mary Kay Vyskocil set a deadline and warned of a possible later dismissal if the plaintiff did not act.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.