Dicks v. Michael Stars, Inc.

District Court, S.D. New York

Dicks v. Michael Stars, Inc.

Trial Court Opinion

USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC#: DATE FILED: 8/18/2022 VALERIE DICKS, on behalf of herself and all others similarly : Situated, : : 1:22-cv-6540-GHW Plaintiff, : : ORDER -against- : MICHAEL STARS, INC., Defendant. :

□□ X GREGORY H. WOODS, United States District Judge: On August 5, 2022, the Court ordered Plaintiff to show cause as to why this case was properly venued in the Southern District of New York no later than August 12, 2022. Dkt. No. 5. Plaintiff did not respond to the Court’s order by that date. Accordingly, the Court ordered Plaintiff to respond to that order forthwith, and in no event later than August 17, 2022. Dkt. No. 6. Plaintiff again failed to respond to the Court’s order. Federal Rule of Civil Procedure 41(b) “authorizes a district court to “dismiss a complaint for failure to comply with a court order, treating the noncompliance as a failure to prosecute.’” Lawrence v. Curry Shack, Corp., No. 17-CV-10250 (JGH),

2019 WL 1493577

, at *1 (S.D.N.Y. Apr. 3, 2019) (citing Stmmons v. Abruzzo,

49 F.3d 83

, 87 (2d Cir. 1995)). Here. Plaintiff has failed to comply with two of the Court’s orders. ‘Thus, the Court dismisses this case without prejudice. The Clerk of Court is directed to close this case. SO ORDERED. Dated: August 18, 2022 New York, New York A bos A GREGOBWH. WOODS United States District Judge

Reference

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