Cirpriano v. John Doe Inc. et al

Filing 85

MEMORANDUM AND ORDER: This action is dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(b). Ordered by Judge Ann M. Donnelly on 1/3/2017. (Greene, Donna)

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IN CLERK'i^ OFFICE UNITED STATES DISTRICT COURT US DISTRICT COURT E.D.N.Y. EASTERN DISTRICT OF NEW YORK 6 JAN 0 3 2016 A X BROOKLYN OFFICE LUCAS CIPRIANO,individually and on behalfof others similarly situated, Plaintiff, MEMORANDUM & ORDER - against 14_cv-4241 (AMD)(RLM) JOY SIANG garden,CAIXIA CHEN,and ZHITHAO CHEN Defendants. X ANN DONNELLY,District Judge. The plaintiff, Lucas Cipriano, brought this action asserting violations ofthe Fair Labor Standards Act and the New York Labor Law against defendants Joy Siang Garden Restaurant Inc. and its individual owners on July 10,2014. Since that time, the Court has warned the plaintiff on three separate occasions that his failure to prosecute this case could result in its dismissal. Nearly two and a half years after initiating this action, the plaintiffs counsel has withdrawn from the case due to his inability to reach his client, and the plaintiff has not made a pro se appearance in this case. For the reasons stated below, this case is dismissed for failure to prosecute and comply with court orders pursuant to Federal Rule of Civil Procedure 41(b). BACKGROUND The plaintifffiled this wage-and-hour action against defendants Joy Siang Restaurant and its owners, Shan Jie Chen and Zhi Thao Chen, on July 10, 2014. (ECF 1.) He alleged that he was employed as a delivery worker by Joy Siang Garden, a Chinese restaurant in Corona, New 1 s/Ann M. Donnelly

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