Ortega v. Brooks Sports, Inc.
- Vyskocil
- 1:22-cv-02107
- U.S. District Court · Southern District of New York
- 2
In Ortega v. Brooks Sports, Inc., Judge Vyskocil discontinued the action for failure to prosecute, allowing restoration by July 13, 2022, otherwise with prejudice.
Juan Ortega's action against Brooks Sports, Inc. was discontinued for failure to prosecute. The action could be restored if an application was made by July 13, 2022; otherwise, the dismissal would be with prejudice.
What happened
In Ortega v. Brooks Sports, Inc., Juan Ortega filed a complaint against Brooks Sports, Inc. on March 14, 2022. Brooks Sports did not timely answer or otherwise respond.
The court had instructed Ortega to seek a default judgment by May 27, 2022, but no response was filed and Ortega did not prosecute the case. The court discontinued the action for failure to prosecute, without costs and without prejudice to restoring it by July 13, 2022. If no restoration request was made by then, the dismissal would be with prejudice.
Judge Mary Kay Vyskocil issued the order on June 13, 2022. The order did not decide the underlying claims.
The detailed version
- Ortega v. Brooks Sports, Inc. · No. 1:22-cv-02107
- Vyskocil
- June 13, 2022
Background
Juan Ortega, individually and on behalf of all others similarly situated, filed the complaint on March 14, 2022. An affidavit showing service of the summons and complaint was filed on March 31, 2022. The summons stated that Brooks Sports, Inc.'s response was due April 14, 2022.
Brooks Sports did not timely answer or otherwise respond. The court then ordered that any motion for entry of a default judgment be filed by May 27, 2022. The court warned that failing to seek default judgment by that date could lead to dismissal for failure to prosecute under Rule 41(b) of the Federal Rules of Civil Procedure.
Ruling
The court stated that no responses had been filed and that Ortega had not prosecuted the case. It ordered that the action be discontinued for failure to prosecute, without costs to any party and without prejudice to restoring the action to the court's calendar if Ortega applied to restore it by July 13, 2022. The order further stated that, if no such application was made by that date, the dismissal would be with prejudice.
The order did not reach or decide the merits of Ortega's claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.