Fitzgerald v. Williams & Fudge, Inc.

Filing 17

MEMORANDUM AND ORDER DISMISSING CASE: For the reasons set forth in the Court's Memorandum and Order dated May 18, 2020, this action is dismissed. The Clerk of Court is directed to enter judgment for Williams & Fudge, Inc., and to close this case. Ordered by Chief Judge Roslynn R. Mauskopf on 10/15/2020. (Taronji, Robert)

Case 1:17-cv-07074-RRM-RLM Document 17 Filed 10/15/20 Page 1 of 2 PageID #: 64

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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SAM FITZGERALD, on behalf of herself and all
others similarly situated,
Plaintiff,
- against -

MEMORANDUM AND ORDER
17-CV-7074 (RRM) (RLM)

WILLIAMS & FUDGE, INC.,
Defendant.
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ROSLYNN R. MAUSKOPF, Chief United States District Judge.
Plaintiff Sam Fitzgerald brought this putative class action against Williams & Fudge,
Inc., (“W&F”), alleging that a debt collection letter sent by W&F violated the Fair Debt
Collection Practices Act, 15 U.S.C. § 1692, (“FDCPA”). (Doc. No. 1.) On July 2, 2019, W&F
filed a motion to dismiss the action. (Doc. No. 11.) In her brief in opposition, Fitzgerald moved
for leave to amend her complaint pursuant to Federal Rule of Civil Procedure 15(a). (Doc. No.
13.) In an order issued on May 18, 2020, the Court granted W&F’s motion to dismiss and noted
that the Court’s Individual Rule III(A)(2) required Fitzgerald to file a letter requesting a premotion conference prior to moving to amend her complaint. (Order Dismissing (Doc. No. 15) at
4.) Accordingly, the Court directed Fitzgerald “to file a proposed amended complaint and a
letter in compliance with this Court’s Individual Rule III(A)(2)” within 30 days. (Id. at 4–5.)
The Court warned that “[i]f Fitzgerald fail[ed] to file a proposed amended complaint and premotion conference letter within 30 days of the date of this Order, judgment m[ight] enter against
her.” (Id. at 5.) Thirty days have now elapsed and, to date, Fitzgerald has not filed a pre-motion
conference letter or a proposed amended complaint.

Case 1:17-cv-07074-RRM-RLM Document 17 Filed 10/15/20 Page 2 of 2 PageID #: 65

Accordingly, for the reasons set forth in the Court’s Memorandum and Order dated May
18, 2020, this action is dismissed. The Clerk of Court is directed to enter judgment for Williams
& Fudge, Inc., and to close this case.
SO ORDERED.
Dated: Brooklyn, New York
October 15, 2020

Roslynn R. Mauskopf
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ROSLYNN R. MAUSKOPF
Chief United States District Judge

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