Mecea v. New York Civil Service Employees Publishing Co., Inc.
- Vyskocil
- 1:22-cv-03223
- U.S. District Court · Southern District of New York
- 1
In Mecea v. New York Civil Service Employees Publishing Co., Inc., Judge Vyskocil set a deadline for seeking default judgment.
Robert Mecea was given a deadline to file any motion for default judgment. New York Civil Service Employees Publishing Co., Inc. had not filed a response according to the order, and the case could be dismissed if the deadline was not met.
What happened
Robert Mecea filed this case against New York Civil Service Employees Publishing Co., Inc. on April 20, 2022. The docket showed that the defendant was served and that its response was due May 13, 2022.
The defendant did not file a response, and the court said that Mecea had not pursued the case since filing it. The court gave Mecea a deadline to ask for a default judgment, which is a judgment based on a defendant’s failure to respond.
Judge Mary Kay Vyskocil ordered that any motion for default judgment be filed by June 27, 2022. She warned that failing to meet the deadline may lead to dismissal for failure to prosecute, but the order did not itself enter a default judgment or dismiss the case.
The detailed version
- Mecea v. New York Civil Service Employees Publishing Co., Inc. · No. 1:22-cv-03223
- Vyskocil
- May 26, 2022
Background
Robert Mecea filed the complaint on April 20,
- An affidavit stating that the summons and complaint had been served was filed on April 22,
- According to the summons, New York Civil Service Employees Publishing Co., Inc.’s response was due May 13,
- No response had been filed, and the court stated that Mecea had not prosecuted the case to that point.
Order
The court ordered that any motion for entry of a default judgment be filed by June 27, 2022. A default judgment is a judgment entered because a defendant did not respond or otherwise participate as required. The court directed Mecea to follow the procedures in the judge’s Individual Rules and Practices for Civil Cases.
Effect
Judge Mary Kay Vyskocil warned that failing to move for a default judgment by the deadline 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 warning; it did not grant a default judgment or dismiss the action.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.