Coxolca Suy et al v. Bonchon U.S.A., Inc. et al

Filing 49

OPINION AND ORDER: Because Lucas has been unresponsive to the Court's Order, Lucas's claims are DISMISSED WITHOUT PREJUDICE for failure to prosecute pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. (Signed by Magistrate Judge Ronald L. Ellis on 4/4/2017) (cla)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
MOISES ISAIAS COXOLCA SUY,
LUIS MIGUEL LARES CUTZAL, and
JULIO LUCAS,
Plaintiffs,

OPINION AND ORDER
16-CV-2454 (RLE)

- against BONCHON U.S.A., INC., JINDUK SEH, and
HONG TAE KIM,
Defendants.

.

-------------------91
RONALD L. ELLIS, United States Magistrate Judge:

On April 2, 2016, Plaintiffs Julio Lucas, Luis Miguel Lares Cutzal, Moises Isaias
Coxolca Suy, and Luis Miguel Lares Cutzal commenced this action. (Doc. No. I.) On October
24, 2016, Plaintiff Luis Miguel Lares Cutzal stipulated to the dismissal of all claims with
prejudice against Defendants. The Court approved a settlement agreement between Plaintiff
Moises Isaias Coxolca Suy and Defendants on January 27, 2017. (Doc. No. 46.) Currently, the
only remaining Plaintiff in this action is Julio Lucas ("Lucas").
On November 9, 2016, Plaintiffs' counsel asked to withdraw as counsel for Lucas
because of an inability to contact him "for many weeks." (Doc. No. 43.) The Court relieved
Michael Faillace & Associates, P.C. as counsel for Lucas on November 9, 2016. On February 8,
2017, the Court ordered Lucas to contact the Court by February 22, 2017, indicating whether he
intended on continuing this action. (Doc. No. 48.) As of this date, the Court has not been
contacted by Lucas.
Under Rule 41 (b), Lucas has an obligation to diligently prosecute his case. See Lyell
Theatre Corp. v. Loews Corp., 682 F.2d 37, 43 (2d Cir. 1982); see also Lucien v. Breweur, 9

F.3d 26, 29 (7th Cir. 1993 ). Thus, "[ c]ompletely aside from his failure to comply with the order,

a dismissal is justified for fhis] failure to prosecute at all." Chira v. Lockheed Aircraft Corp.,
634 F.2d 664, 667 (2d Cir. 1980); West v. City of New York, 130 F.R.D. 522, 526 (S.D.N.Y.
1990).
Because Lucas has been unresponsive to the Court's Order, Lucas's claims are
DISMISSED WITHOUT PREJUDICE for failure to prosecute pursuant to Rule 41(b) of the

Federal Rules of Civil Procedure.

SO ORDERED this 4th day of April 2017.
New York, New York

~tze

The Honorable Ronald L. Ellis
United States Magistrate Judge

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