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)

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withdrawn from the case due to his inability to reach his client, and the plaintiff has not made a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