Dicks v. 1canoe2, LLC
- Vyskocil
- 1:22-cv-07921
- U.S. District Court · Southern District of New York
- 1
In Dicks v. 1canoe2, LLC, Judge Vyskocil set a deadline for seeking default judgment and warned that inaction may lead to dismissal.
Victoria Dicks and 1canoe2, LLC; the order required Dicks to seek default judgment by April 3, 2023 and warned that the action may be dismissed if she did not do so.
What happened
In Dicks v. 1canoe2, LLC, Victoria Dicks sued 1canoe2, LLC, and the defendant did not respond by the stated deadline. The Clerk issued a certificate of default on January 3, 2023.
The court noted that Dicks had taken no further action. It ordered that any motion for default judgment be filed by April 3, 2023, and warned that failing to meet the deadline may result in dismissal for failure to prosecute.
Judge Mary Kay Vyskocil did not enter a default judgment or dismiss the case in this order; she set the deadline and provided the warning.
The detailed version
- Dicks v. 1canoe2, LLC · No. 1:22-cv-07921
- Vyskocil
- Mar. 1, 2023
Background
Victoria Dicks filed the action on September 16, 2022, and an affidavit stated that 1canoe2, LLC had been served with the summons and complaint. The defendant's response was due October 28, 2022, but no response was filed. The Clerk issued a certificate of default against the defendant on January 3, 2023.
Order
The court stated that Dicks had taken no further action and had not prosecuted the case. It ordered that any motion for entry of a default judgment against the defendant be filed by April 3, 2023. The court directed Dicks to follow the procedures in the court's Individual Rules and Practices for Civil Cases.
Effect of the Order
The court warned that failure to move for default judgment by April 3, 2023, may result in dismissal of the action for failure to prosecute under Rule 41(b) of the Federal Rules of Civil Procedure. This order set a deadline and warning; it did not itself grant default judgment or dismiss the action.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.