Cruz v. Indestructible Shoes LLC
- Vyskocil
- 1:21-cv-09937
- U.S. District Court · Southern District of New York
- 1
In Cruz v. Indestructible Shoes LLC, Judge Vyskocil gave Cruz until May 12, 2022, to seek default judgment or risk dismissal for not prosecuting.
Shael Cruz and Indestructible Shoes LLC; the case could be dismissed if Cruz did not timely seek default judgment.
What happened
In Cruz v. Indestructible Shoes LLC, Shael Cruz sued Indestructible Shoes LLC and filed proof that the company had been served with the complaint. The company’s response was due February 11, 2022, but none was filed.
The court also said Cruz had not prosecuted the case since filing the proof of service. It therefore set a deadline for Cruz to ask for a default judgment, which is a judgment requested because the opposing party did not respond.
Judge Mary Kay Vyskocil ordered that any motion for default judgment be filed by May 12, 2022. The court warned that missing the deadline may lead to dismissal for failure to prosecute, but it did not enter a default judgment or dismiss the case in this order.
The detailed version
- Cruz v. Indestructible Shoes LLC · No. 1:21-cv-09937
- Vyskocil
- Apr. 12, 2022
Background
Shael Cruz filed a complaint on November 24, 2021, against Indestructible Shoes LLC, individually and on behalf of others similarly situated. The docket later included an affidavit stating that the summons and complaint had been served. According to the summons, Indestructible Shoes LLC’s response was due February 11, 2022. No response had been filed, and the court stated that Cruz had not prosecuted the case to that point.
Court’s Order
The court ordered that any motion for entry of a default judgment be filed by May 12, 2022. A default judgment is a judgment sought when a party fails to respond or otherwise defend. The court directed Cruz to follow the procedures in the judge’s Individual Rules and Practices for Civil Cases.
The court warned that failure to move for default judgment by the deadline may result in dismissal of the action for failure to prosecute under Federal Rule of Civil Procedure 41(b). The order did not itself enter default judgment, dismiss the case, or decide the underlying claims.
Disposition and Classification
This is a procedural order. It set a deadline and warned of a possible future dismissal; it did not decide the merits of Cruz’s claims. Judge Mary Kay Vyskocil signed the order on April 12, 2022.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.