Cankat v. Vanilla Cafe Pastry Garden, Corp.

Filing 26

ORDER ADOPTING REPORT AND RECOMMENDATION: On July 1, 2016, Magistrate Judge Pollak issued a Report and Recommendation proposing that the case be dismissed for failure to prosecute, unless the plaintiff filed a motion for default judgment or stipulati on of settlement within 14 days. Plaintiff has filed neither. Instead, on July 15, 2016, plaintiff filed a "status report," advising that he had not yet served defendant in compliance with the Court's orders. This filing reflects an al arming failure to prosecute the case, instituted nearly two years ago, and a continuing disregard for the Court's directives. No objections to the Report and Recommendation have been filed, and the statutory period to do so has closed. Accordingly, Magistrate Judge Pollak's well-reasoned Report and Recommendation is adopted, and the action is dismissed with prejudice. Ordered by Judge Raymond J. Dearie on 8/24/2016. (Rodriguez, Lori)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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JERRY CANKAT,

x

Plaintiff,
- against -

ORDER ADOPTING REPORT
AND RECOMMENDATION
14 CV 6917 (RID) (CLP)

VANILLA CAFE PASTRY GARDEN,
CORP.,
Defendant.

-------------------------------------------------------- x
DEARIE, District Judge
On July 1, 2016, Magistrate Judge Pollak issued a Report and Recommendation
proposing that the case be dismissed for failure to prosecute, unless the plaintiff filed a motion
for default judgment or stipulation of settlement within 14 days. Plaintiff has filed neither.
Instead, on July 15, 2016, plaintiff filed a "status report," advising that he had not yet served
defendant in compliance with the Court's orders. This filing reflects an alarming failure to
prosecute the case, instituted nearly two years ago, and a continuing disregard for the Court's
directives. No objections to the Report and Recommendation have been filed, and the statutory
period to do so has closed. Accordingly, Magistrate Judge Pollak's well-reasoned Report and
Recommendation is adopted, and the action is dismissed with prejudice.
SO ORDERED.
Dated: Brooklyn, New York
August 24, 2016

s/ RJD

United States District Judge