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S.D.N.Y.Procedural orderFiled Apr. 9, 2024

Gonzalez v. Mel Bernie and Company, Inc.

Judge
Lewis Liman
Docket
1:23-cv-09331
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Gonzalez v. Mel Bernie, Judge Liman denied Gonzalez’s extension request, without prejudice to a formal motion to reopen the already-dismissed action.

Who this affects

Yanilza Gonzalez’s request for additional time was denied, while the already-dismissed action remained dismissed unless reopened through a formal motion.

What happened

In Gonzalez v. Mel Bernie & Co., Yanilza Gonzalez asked for 30 more days to file a conditional dismissal order. The court stated that the action had already been dismissed under an earlier order.

Because the action had been dismissed, the court denied Gonzalez’s request for an extension. The denial was without prejudice to filing a formal motion to reopen the case.

Judge Lewis J. Liman also directed the Clerk of Court to close the docket entry for Gonzalez’s motion.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Gonzalez v. Mel Bernie and Company, Inc. · No. 1:23-cv-09331
Judge
Lewis Liman
Date
Apr. 9, 2024

Background

The court considered Yanilza Gonzalez’s motion for a 30-day extension of time to file a conditional dismissal order. The court stated that, under its February 18, 2024 order, the action had already been dismissed.

Ruling

The court denied the motion for an extension without prejudice to renewal by a formal motion to reopen the case. “Without prejudice” means that the denial did not prevent Gonzalez from seeking to reopen the case through the procedure identified by the court. The court also directed the Clerk of Court to close Docket Number 11, which was the motion for the extension.

Disposition

Judge Lewis J. Liman denied the extension motion without prejudice to renewal by formal motion to reopen the case. The order did not address the underlying merits of the action.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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