Kuykendall v. Bankrs Healthcare Group LLC

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MICHAEL KUYKENDALL, Plaintiff, -against- 24-cv-3694 (AS) BANKRS HEALTHCARE GROUP LLC and ORDER TD BANK USA, N.A., Defendants.

ARUN SUBRAMANIAN, United States District Judge: Plaintiff initiated this suit by notice and summons in state court. Dkt. 1 ¥ 1. Defendant TD Bank removed the suit to federal court on May 14, 2024. Dkt. 1. Plaintiff has not filed a notice of appearance or responded to TD Bank’s motion to dismiss, despite the Court’s warning that his continued inaction would lead to dismissal. Dkt. 32.

The Court can’t adjudicate a case without a plaintiff or a complaint. By November 30, 2024, plaintiff must file an appearance in this case. If he does not do so, the case will be dismissed for failure to prosecute. See McLean v. City of New York, 2007 WL 415138, at *4 (S.D.N.Y. Feb.

6, 2007) (“A court should not have to beg the parties before it to litigate the cases they initiate.”).

This is plaintiff's final warning.

Defendant is hereby ORDERED to serve this order on plaintiff by certified mail by November 8, 2024, and file proof of service on the docket.

SO ORDERED.

Dated: November 7, 2024 New York, New York ARUN SUBRAMANIAN United States District Judge