Lukasiewicz v. Polish & Slavic Federal Credit Union

Filing 28

MEMORANDUM AND ORDER: In light of that opinion, counsel for plaintiff is directed to serve both a copy of the R&R and this Order on plaintiff and to provide this Court with proof of service. A hearing will be held on the R&R's recommendation t o dismiss this case on April 16, 2013 at 11:30 AM. If plaintiff wishes to oppose the motion to dismiss for failure to prosecute, he must personally appear at this hearing and explain why dismissal in this case is not appropriate or provide the Court with a written response prior to that date. Failure to appear or to provide a letter response will result in dismissal of the case. Ordered by Chief Judge Carol Bagley Amon on 3/8/2013. (Fernandez, Erica)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

---------------------------------------------------------)(
Marek Lukasiewicz,
Plaintiff,

NOT FOR PUBLICATION
MEMORANDUM & ORDER
11-cv-3422 (CBA) (VVP)

FILED

-againstPolish & Slavic Federal Credit Union,
Defendant.

---------------------------------------------------------)(
AMON, Chief United States District Judge.

IN CLERK'S OFFICE
U.S. DISTRICT COURT E.D.N.Y.

*

MAR 08 2013

*

BROOKLYN OFFICE

Before the Court is Magistrate Judge Viktor Pohorelsky's Report and Recommendation
("R&R") recommending that the Court grant defendant Polish & Slavic Federal Credit Union's
unopposed motion to dismiss for failure to prosecute pursuant to Fed. R. Civ. P. 41(b).
Subsequent to the issuance of that opinion, the Second Circuit decided Mitchell v. Lyons Prof'/

Servs., Inc., --- F.3d ----, 2013 WL 709645 (2d Cir. Feb. 28, 2013). In light of that opinion,
counsel for plaintiff is directed to serve both a copy of the R&R and this Order on plaintiff and to
provide this Court with proof of service. A hearing will be held on the R&R's recommendation
to dismiss this case on April 16, 2013 at 11 :30 AM. If plaintiff wishes to oppose the motion to
dismiss for failure to prosecute, he must personally appear at this hearing and explain why
dismissal in this case is not appropriate or provide the Court with a written response prior to that
date. Failure to appear or to provide a letter response will result in dismissal of the case.

SO ORDERED.
Dated: Brooklyn, N.Y.
March 1_, 2013

s/Carol Bagley Amon

-~arol ~agf Am~Q

j - -r .

Chief Unit d States Dtstnct Judge