Toro v. Crafty Games, LLC
- Vyskocil
- 1:22-cv-07253
- U.S. District Court · Southern District of New York
- 2
Judge Vyskocil dismissed Toro v. Crafty Games for failure to prosecute, allowing restoration by January 12, 2023 before dismissal became with prejudice.
Jasmine Toro, the proposed similarly situated group she sought to represent, and Crafty Games, LLC. The action was discontinued for failure to prosecute, subject to a deadline for seeking restoration.
What happened
In Toro v. Crafty Games, LLC, Jasmine Toro sued Crafty Games, LLC on behalf of herself and others similarly situated. The complaint was filed on August 25, 2022, and the defendant’s response was due November 18, 2022.
The defendant did not timely respond, and Toro did not take steps to move the case forward. The court ordered Toro to explain by December 8 why the case should not be dismissed, but no response was filed.
Judge Mary Kay Vyskocil discontinued the case for failure to prosecute, without costs to any party. The order allowed Toro to ask to restore the case by January 12, 2023; if she did not, the dismissal would become with prejudice.
The detailed version
- Toro v. Crafty Games, LLC · No. 1:22-cv-07253
- Vyskocil
- Dec. 12, 2022
Background
Jasmine Toro filed a complaint against Crafty Games, LLC on August 25, 2022, on behalf of herself and all others similarly situated. An affidavit stating that the summons and complaint had been served was filed on October 28, 2022. According to the summons, Crafty Games’s response was due November 18, 2022.
Failure to Prosecute
By November 28, 2022, Crafty Games had not timely answered or otherwise responded to the complaint, and Toro had not taken action to prosecute the case. The court issued an order requiring Toro to show cause—in other words, to explain—by December 8 why the case should not be dismissed for failure to prosecute under Rule 41(b) of the Federal Rules of Civil Procedure. The court warned that Toro was responsible for prosecuting the case and that her chosen counsel’s failure to do so could result in dismissal. No response was filed, and Toro still had not prosecuted the case.
Ruling
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 an application to restore it was made by January 12, 2023. The order stated that if no 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.