Molina v. 517 West Properties, LLC

District Court, S.D. New York

Molina v. 517 West Properties, LLC

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

GIOVANNY RAMIREZ MOLINA, on behalf of himself and all other persons similarly situated, Plaintiff, 1:22-CV-3839 (ALC) -against- ORDER OF DISMISSAL 517 WEST PROPERTIES, LLC, and ISAAC WETTENSTEIN, Defendants. ANDREW L. CARTER, JR., United States District Judge: On March 3, 2023, the Court ordered Plaintiff to show cause by March 17, 2023 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. 17. To date, Plaintiff has not responded to the Court’s order. Accordingly, this case is 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) (“[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 . . .”).

SO ORDERED.

Dated: Apr. 10, 2023 (Ayrdhte / C2 New York, New York ANDREW L. CARTER, JR. United States District Judge

Reference

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