Young v. Carter
- Vyskocil
- 1:21-cv-08973
- U.S. District Court · Southern District of New York
- 2
In Young v. Carter, Judge Vyskocil directed Young to seek default judgment after defendants failed to respond, warning that the case could be dismissed for delay.
Jason Young was directed to seek default judgment by June 27, 2022. Warden Carter, Captain Guerra, Captain Horton, and the other defendants faced the possibility of default judgment because they had not responded. The case was not dismissed by this order.
What happened
In Young v. Carter, Jason Young sued Warden Carter and other defendants. The opinion does not describe the claims in the amended complaint.
The defendants asked for permission to file a motion to dismiss, and the court set April 28, 2022, as the deadline for that motion. They did not file the motion or otherwise respond. The court therefore directed Young to request default judgment by June 27, 2022.
Judge Mary Kay Vyskocil warned that, unless the court ordered otherwise, failing to seek default judgment by the deadline could lead to dismissal of the case for failure to prosecute. The court did not dismiss the case in this order.
The detailed version
- Young v. Carter · No. 1:21-cv-08973
- Vyskocil
- May 26, 2022
Background
Jason Young filed an amended complaint against Warden Carter, Captain Guerra, and Captain Horton, among others. The opinion does not explain the claims in the amended complaint.
On March 1, 2022, Warden Carter, Captain Guerra, and Captain Horton asked for permission to file a motion to dismiss the entire action. Young, who is incarcerated, later sent a letter asking for more time. The court treated the letter as a request for an extended schedule for briefing any motion to dismiss. The court allowed the defendants to file such a motion and set April 28, 2022, as the deadline.
Court’s Action
The defendants did not file a motion to dismiss or otherwise respond to Young’s amended complaint by the date of this order. The court directed Young to move for default judgment by June 27, 2022. Default judgment is a judgment requested because a party has failed to respond or defend. The court also directed Young to follow the procedures in the judge’s individual rules for civil cases.
The court warned that, unless it issued another order, failing to move for default judgment by June 27 could result in dismissal of the action for failure to prosecute under Rule 41(b) of the Federal Rules of Civil Procedure. The court did not enter default judgment and did not dismiss the action in this order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.