Yan Luis v. Blue Eye, Inc.
- Vyskocil
- 1:22-cv-06470
- U.S. District Court · Southern District of New York
- 2
Yan Luis v. Blue Eye was discontinued for failure to prosecute, Judge Vyskocil ruled, because service was not completed or documented.
Kevin Yan Luis and the proposed similarly situated plaintiffs whose action was discontinued; the court did not decide the underlying claims.
What happened
In Kevin Yan Luis v. Blue Eye, Inc., Kevin Yan Luis filed a proposed class action, but no proof showed that Blue Eye, Inc. had been served. The court ordered him to serve the company and later gave him more time after he reported an unsuccessful service attempt.
The court warned that the case could be dismissed if Yan Luis did not file an affidavit of service by February 8, 2023. No affidavit was filed, and the court found that he had not prosecuted the case.
Judge Mary Kay Vyskocil discontinued the action for failure to prosecute, without costs to any party. The order did not decide the underlying claims.
The detailed version
- Yan Luis v. Blue Eye, Inc. · No. 1:22-cv-06470
- Vyskocil
- Feb. 9, 2023
Background
Kevin Yan Luis filed this proposed class action on July 29, 2022. The docket did not contain proof that Blue Eye, Inc. had been served.
Orders Concerning Service
On October 31, 2022, the court ordered Yan Luis to serve Blue Eye and file proof of service by November 22, 2022. The court warned that, if service was not made and Yan Luis did not explain in writing why, the complaint would be dismissed for failure to prosecute. Yan Luis took no action by that deadline.
On December 1, 2022, the court issued an order requiring Yan Luis to explain why the case should not be dismissed under Rule 41(b) of the Federal Rules of Civil Procedure, which allows dismissal for failure to prosecute. The court stated that Yan Luis remained responsible for prosecuting the case, including when his chosen counsel failed to follow court orders and prosecute the case.
On December 7, 2022, Yan Luis explained that he had unsuccessfully attempted service and requested an additional 60 days. The court granted that request and ordered him to file an affidavit of service by February 8, 2023, warning that failure to serve within that time could result in dismissal.
Ruling
No affidavit of service was filed by the deadline, and the court found that Yan Luis had not prosecuted the case. The court therefore ordered that the action be discontinued for failure to prosecute, without costs to any party. The order did not address the merits of the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.