Angeles v. Bike Bandit, LLC

District Court, S.D. New York

Angeles v. Bike Bandit, LLC

Trial Court Opinion

USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOCH

JENISA ANGELES, on behalf of himself and all others similarly situated, Plaintiff, : 1:20-cv-08560-ALC -against- : ORDER OF DISMISSAL BIKE BANDIT, LLC, Defendant.

ANDREW L. CARTER, JR., United States District Judge: On January 20, 2021, the Court ordered Plaintiff to show cause by February 10, 2021, 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. 6. Such showing was not made. Accordingly, this case 1s dismissed without prejudice for failure to prosecute pursuant to Fed. R. Civ. P. 41(b). See LeSane v. Hall's Sec. Analyst, Inc.,

239 F.3d 206, 209

(2d Cir. 2001) Cā€˜[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 ...ā€). SO ORDERED. y Ce Dated: April 1, 2021 New York, New York ANDREW L. CARTER, JR. United States District Judge

Reference

Status
Unknown