Hernandez v. rareESSENCE, LLC
- John Cronan
- 1:23-cv-06796
- U.S. District Court · Southern District of New York
- 2
In Hernandez v. rareESSENCE, Judge Cronan extended Defendant’s response deadline and warned that Plaintiff’s noncompliance could lead to dismissal for failure to prosecute.
Mairoby Hernandez and RAREESSENCE, LLC; the order sets response and default-related deadlines for the parties.
What happened
Mairoby Hernandez served RAREESSENCE, LLC with the summons and complaint on August 15, 2023. The defendant did not respond by the original deadline, and the court extended that deadline several times.
After the latest deadline passed, the docket showed neither a response from RAREESSENCE nor a request from Hernandez for an entry of default. The court therefore gave the defendant another deadline to respond and gave Hernandez a deadline to seek a certificate of default if the defendant again failed to respond.
The court’s January 26, 2024 order, issued by Judge John P. Cronan, set February 2, 2024, as the defendant’s response deadline and February 9, 2024, as Hernandez’s deadline to seek a certificate of default. The court stated that no further extensions would be granted and warned that Hernandez’s failure to comply would result in immediate dismissal for failure to prosecute.
The detailed version
- Hernandez v. rareESSENCE, LLC · No. 1:23-cv-06796
- John Cronan
- Jan. 26, 2024
Background
Mairoby Hernandez served RAREESSENCE, LLC with copies of the summons and complaint on August 15, 2023. Under the Federal Rules of Civil Procedure, the defendant’s original deadline to respond was September 5, 2023.
Earlier Deadlines
After RAREESSENCE did not answer, the Court extended the response deadline on its own to October 24, 2023. The Court also ordered Hernandez to seek default judgment by October 31, 2023, if the defendant again failed to respond. At Hernandez’s request, the Court later extended the answer deadline to November 23, 2023, and instructed Hernandez to seek a certificate of default by November 30, 2023, if necessary.
Those deadlines passed. The docket did not show a response from RAREESSENCE or a request from Hernandez for entry of default.
Order
The Court extended RAREESSENCE’s deadline to respond to February 2, 2024. If the defendant again failed to respond, the Court directed Hernandez to seek a certificate of default by February 9, 2024. The Court stated that it would grant no further extensions.
The Court also warned that Hernandez’s failure to comply with the order would result in immediate dismissal of the case for failure to prosecute, meaning failure to move the case forward or follow the Court’s orders. The order did not decide the merits of Hernandez’s claims and did not enter default judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.