Dorgan v. First Klass Breakfast, LLC

USDC SDNY DOCUMENT ELECTRONICALLY FILEI UNITED STATES DISTRICT COURT DOC #: RYAN DORGAN, Plainttt, 1:20-ev-04253 (MKV) ~against- ORDER OF FIRST KLASS BREAKFAST, LLC, DISMISSAL Defendant.

MARY KAY VYSKOCIL, United States District Judge: The Complaint in this action was filed on June 3, 2020 [ECF No. 1]. Defendants were served, but never responded to Plaintiff's complaint. See ECF No. 6. Plaintiff sought a default judgment [ECF No. 11], but the Court denied the motion without prejudice to refiling on September 18, 2020. See Order, ECF No. 16. Since then, Plaintiff has taken no action to prosecute this case. 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 May 7, 2021. Any application to reopen this case must also explain why Plaintiff delayed in filing a motion for default judgment, and must include a proposed schedule on which Plaintiff will file any such motion. 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., 239 F.3d 206, 209 (2d Cir. 2001) (citing Link v. Wabash R.R. Co., 370 U.S. 626, 630 (1962)).

SO ORDERED. .

Date: April 6, 2021 MARY/KAY vaio L New York, NY United States District Judge