Barton v. Northeast Transport, Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CATHERINE BARTON and ZACHARY ZAITZEFF, Plaintiffs, -v- No. 21-CV-326 (KMK) NORTHEAST TRANSPORT, INC., and ORDER TO SHOW CAUSE LAND-AIR EXPRESS OF NEW ENGLAND, LTD., Defendants.

KENNETH M. KARAS, United States District Judge: On January 24, 2022, the Court granted Defendant Northeast’s Motion To Dismiss. (Dkt.

No. 38.) The Court dismissed Plaintiff’s claims without prejudice and gave Plaintiff 30 days to file a second amended complaint addressing the deficiencies identified in the Opinion & Order. (Id.) Plaintiff did not file a second amended complaint within thirty days of the issuance of the Opinion & Order and has not yet filed a second amended complaint.

Accordingly, it is hereby: ORDERED that Plaintiff shall show cause, by no later than March 24, 2022, as to why this case should not be dismissed for failure to prosecute. See Armstrong v. Guccione, 470 F.3d 89, 103 n.1 (2d Cir. 2006) (noting that “a federal district court has the inherent power to dismiss a case sua sponte for failure to prosecute” (citing Link v. Wabash R.R. Co., 370 U.S. 626 630–32 (1962)). The Court may dismiss this case without further notice in the event that good cause is not shown.

The Clerk of Court is directed to mail a copy of this Order to Plaintiff.

SO ORDERED.

DATED: February 24, 2022 White Plains, New York ________________________________ KENNETH M. KARAS UNITED STATES DISTRICT JUDGE