Stein v. First Eagle Alternative Capital BDC, Inc.
- Vyskocil
- 1:22-cv-09932
- U.S. District Court · Southern District of New York
- 1
In Stein v. First Eagle Alternative Capital BDC, Judge Vyskocil discontinued the action for failure to prosecute, allowing restoration by April 22, 2023.
Shiva Stein and the defendants in the action, including First Eagle Alternative Capital BDC, Inc.
What happened
Shiva Stein filed this case against First Eagle Alternative Capital BDC, Inc., and other defendants on November 22, 2022. The court later found that Stein had done nothing to move the case forward.
On March 6, 2023, the court ordered Stein to serve the summons and complaint by March 20, 2023, and warned that the case could be dismissed if Stein did not explain the failure to serve the defendants. No proof of service was filed, and Stein did not prosecute the case.
On March 22, 2023, Judge Mary Kay Vyskocil ordered that the action be discontinued for failure to prosecute, without costs to any party and without prejudice to restoring it to the court’s calendar if Stein applied by April 22, 2023. The order stated that if no such application was made by that date, the dismissal would be with prejudice.
The detailed version
- Stein v. First Eagle Alternative Capital BDC, Inc. · No. 1:22-cv-09932
- Vyskocil
- Mar. 22, 2023
Background
Shiva Stein filed the complaint on November 22, 2022, against First Eagle Alternative Capital BDC, Inc., and other defendants. The court stated that Stein had not prosecuted the case.
On March 6, 2023, the court directed Stein to serve the summons and complaint on the defendants by March 20, 2023. The court warned that, if Stein failed to explain in writing why service had not been made, the complaint would be dismissed for failure to prosecute under Rules 4 and 41 of the Federal Rules of Civil Procedure.
Ruling
The court found that no proof of service had been filed and that Stein had not prosecuted the case. It therefore 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 April 22, 2023. The order further stated that, if no application was made by that date, the dismissal of the action would be with prejudice. The order was issued by Judge Mary Kay Vyskocil.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.