Velasquez v. Best Way Driving School Inc.
- Vyskocil
- 1:21-cv-10872
- U.S. District Court · Southern District of New York
- 2
In Velasquez v. Best Way Driving School, Judge Vyskocil discontinued the action for failure to prosecute, allowing restoration by August 12, 2022.
The action against Best Way Driving School Inc. and Franklin Ave Estates Owner LLC was discontinued because Ricardo Velasquez took no further action after receiving two extensions. He could seek restoration by August 12, 2022; otherwise, the dismissal would be with prejudice. The court imposed no costs on any party.
What happened
In Velasquez v. Best Way Driving School Inc., Ricardo Velasquez sued Best Way Driving School Inc. and Franklin Ave Estates Owner LLC. The defendants did not respond by the stated deadline.
The court directed Velasquez to seek a judgment based on the defendants’ failure to respond. After receiving two 30-day extensions, Velasquez took no further action.
Judge Mary Kay Vyskocil discontinued the action for failure to prosecute, without costs to any party and without prejudice to restoring it by August 12, 2022. If no restoration request was made by that date, the dismissal would be with prejudice.
The detailed version
- Velasquez v. Best Way Driving School Inc. · No. 1:21-cv-10872
- Vyskocil
- July 12, 2022
Background
Ricardo Velasquez filed the action on December 19, 2021, against Best Way Driving School Inc., Best Way Driving School Inc. doing business as Best Way Driving School, and Franklin Ave Estates Owner LLC. The summonses stated that the defendants’ responses were due February 17, 2022. No responses were filed by that date.
Failure to Prosecute
On April 4, 2022, the court directed Velasquez to move for default judgment by May 4, 2022, and warned that failure to do so could result in dismissal for failure to prosecute. Velasquez requested and received a 30-day extension on May 4. He requested and received another 30-day extension on June 3. The opinion states that he then took no further action to prosecute the case.
Ruling
The court 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 an application to restore was made by August 12, 2022. The court further ordered that if no restoration application was made by that date, the dismissal of the action would be with prejudice. The order was signed by Judge Mary Kay Vyskocil on July 12, 2022.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.