N47 Associates LLC v. Alba Services Inc.

USDC SDNY DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT DOC #: SOUTHERN DISTRICT OF NEW YORK DATE FILED: 10/21/2021 N47 ASSOCIATES LLC and NEW YORK MARINE AND GENERAL INSURANCE COMPANY, INC., Plaintitts, 1:21-cv-3490-MKV “against- ORDER DISMISSING FOR ALBA SERVICES INC. and ACCREDITED SURETY | FAILURE TO PROSECUTE & CASUALTY CO., INC., Defendants.

MARY KAY VYSKOCIL, United States District Judge: On September 20, 2021, the Court entered an Order directing Plaintiff to serve the summons and Complaint on Defendants on or before October 20, 2021, or to show cause why service has not been made. [ECF No. 9]. The Court warned that failure to comply with the Court’s Order would result in dismissal of the action for failure to prosecute. To date, Plaintiff has not filed proof of service, shown cause why service has not been made, or taken any other action to prosecute the 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 November 22, 2021. □□ □□ such application is made by that date, today’s dismissal of the action is with prejudice. See LeSane vy. 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. | i / hae Date: October 21, 2021 MARY KAY viscod New York, NY UnitedStates District Judge