Cargulia et al v. Amadeo et al

Filing 35

ORDER It is hereby Ordered that On or before August 2, 2013, the undersigned will give the plaintiffs one final opportunity to show cause in writing why the case should not be dismissed for failure to prosecute. If the plaintiffs fails to comply wit h this order, the undersigned will immediately recommend to Judge Seybert that the action be dismissed with prejudice, pursuant to the factors set forth in LeSane v. Halls Security Analyst, Inc., 239 F.3d 206 (2d Cir. 2001). The result of a dismissa l with prejudice, should Judge Seybert accept the recommendation, would be the final disposition of the plaintiffs claims against the defendant in this lawsuit, subject only to an appeal to the Second Circuit. The plaintiff is strongly urged to consider this result in weighing his options, and to appear for the conference as ordered. Ordered by Magistrate Judge Arlene R. Lindsay on 7/18/2013. (Imrie, Robert)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
-------------------------------------------------------------X
ANDREW CARGULIA, II, et al.,
Plaintiff,

ORDER
CV 13-712 (JS)(ARL)

-againstJOSEPH AMADEO, et al.,
Defendants.
-------------------------------------------------------------X
LINDSAY, Magistrate Judge:

By order dated July 8, 2013, Judge Boyle directed the plaintiffs to show cause, in writing,
on or before July 15, 2013, why this action should not be dismissed for failure to prosecute
pursuant to Fed. R. Civ. P. 41(b). The plaintiffs failed to do so. Accordingly, the initial
conference scheduled for July 22, 2013 is adjourned without date.
On or before August 2, 2013, the undersigned will give the plaintiffs one final
opportunity to show cause in writing why the case should not be dismissed for failure to
prosecute. If the plaintiffs fails to comply with this order, the undersigned will immediately
recommend to Judge Seybert that the action be dismissed with prejudice, pursuant to the factors
set forth in LeSane v. Hall’s Security Analyst, Inc., 239 F.3d 206 (2d Cir. 2001). The result of a
dismissal with prejudice, should Judge Seybert accept the recommendation, would be the final
disposition of the plaintiffs’ claims against the defendant in this lawsuit, subject only to an
appeal to the Second Circuit. The plaintiff is strongly urged to consider this result in weighing
his options, and to appear for the conference as ordered.

Dated: Central Islip, New York
July 18, 2013

SO ORDERED:

____________/s/__________________
ARLENE ROSARIO LINDSAY
United States Magistrate Judge