Ortega v. Brooks Sports, Inc.
- Vyskocil
- 1:22-cv-02107
- U.S. District Court · Southern District of New York
- 1
In Ortega v. Brooks Sports, Judge Vyskocil ordered Ortega to seek default judgment by May 27 or risk dismissal for failing to prosecute.
Juan Ortega and Brooks Sports, Inc.; the order primarily imposed a filing deadline on Ortega and warned of possible dismissal if he did not meet it.
What happened
In Ortega v. Brooks Sports, Inc., Juan Ortega sued Brooks Sports, Inc. Ortega filed the complaint on March 14, 2022, and filed proof that the summons and complaint were served on March 31, 2022.
Brooks Sports, Inc.’s response was due April 14, 2022, but no response was filed. The court also said Ortega had not pursued the case up to that point.
Judge Mary Kay Vyskocil ordered that any request for a default judgment be filed by May 27, 2022, following the court’s procedures. The court warned that failing to file the request by that date may lead to dismissal for failure to prosecute.
The detailed version
- Ortega v. Brooks Sports, Inc. · No. 1:22-cv-02107
- Vyskocil
- May 13, 2022
Background
Juan Ortega filed this action individually and on behalf of similarly situated people on March 14,
- An affidavit showing service of the summons and complaint was filed on March 31,
- The summons stated that Brooks Sports, Inc.’s response was due April 14,
- No response had been filed, and the court stated that Ortega 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 27, 2022. A default judgment is a judgment that may be entered when a party does not respond or otherwise defend the case. The court directed Ortega to follow the procedures in the judge’s individual rules and practices for civil cases.
Effect
The court did not enter a default judgment in this order and did not decide the merits of Ortega’s claims. It warned that failure to file a motion for default judgment by May 27, 2022, may result in dismissal of the action for failure to prosecute under Federal Rule of Civil Procedure 41(b).
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.