Miller v. Firenze Jewels, Inc.
- Vyskocil
- 1:22-cv-01370
- U.S. District Court · Southern District of New York
- 1
In Miller v. Firenze Jewels, Judge Vyskocil set a deadline for seeking default judgment and warned the case could be dismissed if Plaintiff does not act.
Kimberly Miller must file any motion for default judgment by May 23, 2022; Firenze Jewels, Inc. had not filed a response, and the action may be dismissed if Miller does not act.
What happened
In Miller v. Firenze Jewels, Inc., Kimberly Miller sued on behalf of herself and similarly situated people. The summons stated that Firenze Jewels, Inc.’s response was due March 22, 2022, but no response was filed, and Miller had not pursued the case further.
The court ordered that any request for a default judgment must be filed by May 23, 2022. The court directed Miller to follow its procedures for default judgments.
The order warned that failing to seek a default judgment by the deadline may lead to dismissal for failure to prosecute under Rule 41(b). Judge Mary Kay Vyskocil did not dismiss the case or enter a default judgment in this order.
The detailed version
- Miller v. Firenze Jewels, Inc. · No. 1:22-cv-01370
- Vyskocil
- Apr. 22, 2022
Background
Kimberly Miller filed the complaint on February 17, 2022, on behalf of herself and all other persons similarly situated. An affidavit stating that the summons and complaint had been served was filed on March 5, 2022. The summons stated that Firenze Jewels, Inc.’s response was due March 22, 2022. No response had been filed, and the court stated that Miller had not prosecuted the case to that date.
Order
The court ordered that any motion for entry of a default judgment be filed by May 23, 2022. It directed Miller to follow the procedures for default judgments in the court’s Individual Rules and Practices for Civil Cases.
Effect
The order did not enter a default judgment and did not dismiss the action. It warned that failure to move for a default judgment by May 23, 2022, may result in dismissal for failure to prosecute under Rule 41(b) of the Federal Rules of Civil Procedure. Judge Mary Kay Vyskocil signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.