Mejia v. Cover FX Skin Care Limited
- Vyskocil
- 1:22-cv-02620
- U.S. District Court · Southern District of New York
- 2
Mejia v. Cover FX Skin Care, Judge Vyskocil dismissed the action for failure to prosecute, allowing restoration by August 3, 2022.
The action brought by Jose Mejia against Cover FX Skin Care Limited was discontinued for failure to prosecute. It could be restored if an application was made by August 3, 2022; otherwise, the dismissal would be with prejudice.
What happened
In Mejia v. Cover FX Skin Care Limited, the defendant did not timely answer or otherwise respond to Jose Mejia’s complaint. The court gave Mejia a deadline to seek a judgment because of that failure, but no response was filed and he did not pursue the case.
The court discontinued the action for failure to prosecute, without costs to either party. It allowed Mejia to ask to restore the case to the court’s calendar by August 3, 2022.
Judge Mary Kay Vyskocil ruled that if no restoration request was made by that date, the dismissal would become with prejudice, meaning the action could not be brought again.
The detailed version
- Mejia v. Cover FX Skin Care Limited · No. 1:22-cv-02620
- Vyskocil
- July 6, 2022
Background
Jose Mejia filed a complaint on March 30, 2022. The docket states that Cover FX Skin Care Limited was served with the summons and complaint on May 16, 2022, and that its response was due May 27, 2022.
Court’s Action
After the defendant failed to answer or otherwise respond, the court ordered that any motion for entry of a default judgment be filed by June 30, 2022. The court warned that failing to seek a default judgment by that deadline could result in dismissal for failure to prosecute under Rule 41(b) of the Federal Rules of Civil Procedure. No further responses were filed, and the court found that Mejia had not prosecuted the case.
Disposition
Judge Mary Kay Vyskocil 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 Mejia applied to restore it by August 3, 2022. The order states that if no restoration application was made by that date, the dismissal would be with prejudice.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.