Mejia v. Ample Foods, Inc.
- Vyskocil
- 1:22-cv-02821
- U.S. District Court · Southern District of New York
- 1
In Mejia v. Ample Foods, Judge Vyskocil set a deadline for seeking default judgment and warned the case could be dismissed for delay.
Jose Mejia, who was given a deadline to seek default judgment and warned that the case could be dismissed if he did not act; Ample Foods, Inc., whose response to the complaint had not been filed.
What happened
In Mejia v. Ample Foods, Inc., Jose Mejia sued Ample Foods, Inc. The complaint was filed on April 5, 2022, and proof that the defendant was served was filed on May 5, 2022.
The defendant’s response was due May 12, 2022, but no response had been filed. The court also stated that Mejia had not pursued the case since then.
Judge Mary Kay Vyskocil ordered that any request for a default judgment be filed by June 27, 2022. She warned that failing to meet that deadline could lead to dismissal for failure to prosecute, but the order did not dismiss the case.
The detailed version
- Mejia v. Ample Foods, Inc. · No. 1:22-cv-02821
- Vyskocil
- May 26, 2022
Background
Jose Mejia filed the complaint on April 5,
- An affidavit stating that the summons and complaint had been served on Ample Foods, Inc. was filed on May 5,
- The summons stated that the defendant’s response was due May 12,
- No response had been filed, and the court stated that Mejia 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 June 27, 2022. A default judgment is a judgment sought because a defendant has not responded to the lawsuit. The court directed Mejia to follow the procedures in the court’s individual rules for civil cases.
Judge Mary Kay Vyskocil warned that failing to move for 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 itself enter default judgment or dismiss the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.