U.S.A. Famous Original Ray's Licensing Corp. v. Ray's & Son Pizza Restaurant et al

Filing 11

REPORT AND RECOMMENDATIONS re 1 Complaint filed by U.S.A. Famous Original Ray's Licensing Corp., respectfully recommending dismissal for failure to prosecute. Objections to R&R due by 3/25/2008. Ordered by Chief Magistrate Steven M. Gold on 03/10/08. (Gold, Steven)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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U.S.A. FAMOUS ORIGINAL RAY’S
LICENSING CORP.,
Plaintiff,
-against-

REPORT AND
RECOMMENDATION
CV-07-2805 (CPS)

RAY’S & SON PIZZA RESTAURANT, et al.,
Defendants.
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GOLD, Magistrate Judge:
The above-captioned matter was filed with the Court on July 11, 2007. An initial conference
was scheduled for November 1, 2007 by Order dated July 19, 2007. No one appeared for the
conference. According to the Court’s records, no answer has been filed.
By Order dated November 1, 2007, I directed plaintiff’s counsel to file a report on the status
of this case no later than November 16, 2007. My order alerted counsel that failure to comply would
result in a recommendation that this case be dismissed for failure to prosecute.
Plaintiff has not responded to my order of November 1, 2007, or otherwise communicated
with the court since that date. Accordingly, I respectfully recommend that this case be dismissed for
failure to prosecute.
Any objections to this report and recommendation must be filed with the Clerk of the Court
within ten days of receipt, and in any event no later than March 25, 2008. Failure to file timely
objections may waive the right to appeal the District Court's order. See 28 U.S.C. §636(b) (1); Fed.
R. Civ. P. 6(a), 6(e), 72; Small v. Sec’y of Health & Human Servs., 892 F.2d 14, 15 (2d Cir. 1989).

STEVEN M. GOLD
U. S. MAGISTRATE JUDGE
Brooklyn, New York
March 10, 2008
C:\MyFiles\original rays 031008.wpd