UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED DOC #: STEPHEN BUSHANSKY, DATE FILED: _11/9/2020 Plaintiff, 1:20-ev-03183 (MKV) ~against- ORDER OF EQM MIDSTREAM PARTNERS, LP, et al., DISMISSAL Defendants.

MARY KAY VYSKOCIL, United States District Judge: The Complaint in this action was filed on April 22, 2020 [ECF #1]. Proof of service of the Complaint was never filed, and the time to serve Defendants expired several months ago. 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 December 9, 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. . fe Ki / heed Date: November 9, 2020 MARY/KAY VY$KOC New York, NY United States District Judge