Dicks v. 1canoe2, LLC
- Vyskocil
- 1:22-cv-07921
- U.S. District Court · Southern District of New York
- 2
In Dicks v. 1canoe2, LLC, Judge Vyskocil discontinued the case for failure to prosecute, allowing restoration by May 8, 2023.
Victoria Dicks and the similarly situated people she sought to represent; 1canoe2, LLC, which faced the action. The case was discontinued, subject to restoration by May 8, 2023, after which the order stated that the dismissal would be with prejudice.
What happened
In Dicks v. 1canoe2, LLC, Victoria Dicks sued 1canoe2, LLC, but the company did not respond to the complaint. The clerk entered the company’s default.
The court ordered Dicks to request a default judgment by April 3, 2023, and warned that failing to do so could end the case for failure to prosecute. Dicks filed no such request and took no further action.
Judge Mary Kay Vyskocil discontinued the case for failure to prosecute, without costs to either party and without prejudice to restoring it by May 8, 2023. If no restoration request was made by that date, the dismissal would be with prejudice.
The detailed version
- Dicks v. 1canoe2, LLC · No. 1:22-cv-07921
- Vyskocil
- Apr. 6, 2023
Background
Victoria Dicks filed this action on September 16, 2022, on behalf of herself and others similarly situated. An affidavit stated that 1canoe2, LLC had been served with the summons and complaint, and that its response was due October 28, 2022. No response was filed. On January 3, 2023, the clerk entered a certificate of default against 1canoe2, LLC. A certificate of default records that a party failed to respond; it is not a judgment deciding the claims.
Failure to Prosecute
After Dicks took no further action, the court ordered that any request for a default judgment had to be filed by April 3, 2023. The court warned that failing to seek a default judgment by that date could result in dismissal for failure to prosecute under Rule 41(b) of the Federal Rules of Civil Procedure. Dicks did not file a motion for default judgment and did not otherwise prosecute the case.
Disposition
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 May 8, 2023. The order further stated that if no application was made by that date, the dismissal would be with prejudice. The opinion did not decide the underlying claims against 1canoe2, LLC.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.