United States v. Public Health Solutions

District Court, S.D. New York

United States v. Public Health Solutions

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------------X : UNITED STATES OF AMERICA and the STATE OF : NEW YORK ex rel. J. Doe, : 16 Civ. 6029 (PAE) (KNF) : Plaintiffs/Realtor, : ORDER OF DISMISSAL : -v- : : PUBLIC HEALTH SOLUTIONS, : : Defendant. : : ------------------------------------------------------------------------X - PAUL A. ENGELMAYER, District Judge:

The complaint in this case was unsealed on October 26, 2020. Dkts. 11–12. On March 1, 2020, the Court issued an order to show cause why this action should not be dismissed for failure to prosecute because plaintiffs had failed to serve the Summons and Complaint within the 90-day period required by Rule 4(m) of the Federal Rules of Civil Procedure. Dkt. 13. The Court’s March 1, 2021 order to show cause advised that if the Court did not receive any written communication from plaintiffs by March 15, 2021, showing good cause why such service was not made within 120 days, the Court would dismiss the claims against the defendant. The Court has not received any written communication from plaintiffs since the Court’s order to show cause. Accordingly, under Federal Rule of Civil Procedure 41(b) and the Court’s inherent power, see Link v. Wabash R.R. Co.,

370 U.S. 626

, 630–32 (1962), the Court hereby dismisses this case, without prejudice, for plaintiffs’ failure to prosecute. The Clerk of Court is respectfully directed to close this case. SO ORDERED. ____________________________ Paul A. Engelmayer United States District Judge Dated: March 17, 2021 New York, New York

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