Monge v. Midtown Trackage Ventures LLC

District Court, S.D. New York

Monge v. Midtown Trackage Ventures LLC

Trial Court Opinion

USDC SDNY UNITED STATES DISTRICT COURT PeMENT SOUTHERN DISTRICT OF NEW YORK D Oc, RONICALLYF ILED nnn ee eee nee □□□□□□□□□□□□□□□□□□□□□□□□□□□ ee DATE FILED: 1+ 29-720 □ JAVIER MONGE, , Plaintift, | 1:18-ev-11087 (ALC) -against- .

MIDTOWN TRACKAGE VENTURES, ORDER OF DISMISSAL LLC, Defendant. ee nee eee nen eee ennnenenenenen ANDREW L. CARTER, JR., United States District Judge: On November 5, 2018, the Court ordered Plaintiff to show cause by December 5, 2019 as to why this action should not be dismissed without prejudice for failure to prosecute the case pursuant to Fed. R. Civ. P. 41(b). ECF No. 8. Such showing was not made. Accordingly, this case is dismissed without prejudice for failure to prosecute pursuant to Fed. R. Civ. P. 41(b). See LeSane vy. Hall's Sec. Analyst, Inc.,

239 F.3d 206, 209

(2d Cir. 2001) (“[I]t is unquestioned that Rule 41(b) also gives the district court authority to dismiss a plaintiff's case sua sponte for failure to prosecute ...”).

SO ORDERED. [Aydve. 7 (ae Dated: January 29, 2020 New York, New York ANDREW L. CARTER, JR. United States District Judge

Reference

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