UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SHIVA STEIN, Plaintitt, L:17-ev-10243 -against- ORDER OF EL PASO ELECTRIC COMPANY, et al., DISMISSAL USDC SDNY Defendants. DOCUMENT ELECTRONICALLY FILED . □□□ DOC #: MARY KAY VYSKOCIL, United States District Judge: DATE FILED: 3/6/2020 The Complaint in this action was filed on July 18, 2019 (ECF #1). Executed waivers of service were filed on the docket on July 24, 2019, and Defendants’ responses to the complaint were due September 17, 2019 (ECF #4-12). No responses were filed, and Plaintiff has not prosecuted this case to date. On October 31, 2019, before this case was reassigned to me, Judge Broderick ordered that the Plaintiff seek a default judgment or risk dismissal for failing to prosecute (ECF #13). Plaintiff took no action. Accordingly, it is hereby: ORDERED that the above-captioned action is discontinued for failure to prosecute without costs to any party and without prejudice to restoring the action to this Court’s calendar if the application to restore the action is made by April 7, 2020. If no such application is made by that date, today’s dismissal of the action is with prejudice. See LeSane v. Hall’s Sec. Analyst, Inc.,

(2d Cir. 2001) (citing Link v. Wabash R.R. Co.,

(1962)).

SO ORDERED. / / Lye Date: March 6, 2020 MARY YV OC New York, NY United States District Judge