Mejia v. GR8 Granola, LLC
- Vyskocil
- 1:22-cv-02520
- U.S. District Court · Southern District of New York
- 1
In Mejia v. GR8 Granola, Judge Vyskocil ordered Mejia to prosecute the case by July 28, 2022, warning of possible dismissal.
Jose Mejia, who was ordered to move the case forward, and GR8 Granola, LLC, which had not filed a response according to the order.
What happened
In Mejia v. GR8 Granola, Jose Mejia filed a complaint on March 28, 2022, and an affidavit stating that the summons and complaint had been served was filed on May 27, 2022. The summons stated that GR8 Granola’s response was due May 31, 2022.
No response was filed, and the court said Mejia had not taken steps to move the case forward.
Judge Mary Kay Vyskocil ordered Mejia to take action to prosecute the case by July 28, 2022. The court warned that failing to act could lead to dismissal for failure to prosecute, but it did not dismiss the case in this order.
The detailed version
- Mejia v. GR8 Granola, LLC · No. 1:22-cv-02520
- Vyskocil
- June 28, 2022
Background
Jose Mejia filed this action individually and on behalf of similarly situated people on March 28,
- An affidavit of service for the summons and complaint was filed on May 27,
- According to the summons, GR8 Granola, LLC’s response was due May 31,
- The court stated that no response had been filed and that Mejia had not prosecuted the case to that point.
Order
The court ordered Mejia to take action to prosecute the matter by July 28, 2022. It warned that failing to take any action could result in dismissal for failure to prosecute under Rule 41(b) of the Federal Rules of Civil Procedure.
Effect
The order did not dismiss the case or decide the parties’ underlying claims. It required action by the plaintiff and warned of a possible future dismissal. Judge Mary Kay Vyskocil issued the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.