Lisitsa v. Young

Filing 44

ORDER: Accordingly, "[n]o letter[s] having been sent in response to the court's order[s],... this case is hereby DISMISSED for failure to prosecute." Agostino v. Wells Fargo Clearing Servs., LLC, 20 Civ. 357 (CM) (S.D.N.Y. Jan. 23, 202 3). The Clerk of Court is directed to close this case. The Clerk of Court is further directed to mail this Order to the address on file for the pro se Defendant: John Bell Young, c/o D. Cohen, 224 Western Avenue, Brattleboro, VT 05301. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 2/19/2024) (ama)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
VALENTINA LISITSA,
Plaintiff,
-v.-

16 Civ. 05903 (JHR)
ORDER

JOHN BELL YOUNG,
Defendant.
JENNIFER H. REARDEN, District Judge:
This case, filed in 2016, was reassigned to this Court in 2023. Over the past seven-and-ahalf years—punctuated by entire years of inaction by the parties—the Court has afforded
Plaintiff multiple opportunities to indicate whether she intends to continue litigating this action.
She has not done so.
To wit, on September 6, 2022—after more than five years of inactivity on the docket—
the previously assigned Judge ordered counsel to “confer and inform [her] by letter no later than
September 13, 2022, of the status of the [action].” ECF No. 41. Neither party did so. On March
1, 2023, this Court directed the parties “to file a joint letter updating the Court on the status of
the case.” ECF No. 42 at 1. The parties again failed to respond. Then on June 13, 2023, the
Court ordered that, “[b]y July 5, 2023, Plaintiff shall file a letter, on behalf of both parties,
addressing [inter alia] whether Plaintiff intends to continue prosecuting this action.” ECF No.
43 (emphasis in original). Plaintiff filed no such letter.
“Plaintiff[] ha[s] failed to comply with the Court’s repeated orders to file a simple status
letter, ignoring three orders in a row, spanning more than [seventy-five] weeks. Due to
Plaintiff[’]s repeated failure to comply with the Court’s orders, the case is effectively dormant
and cannot proceed without Plaintiff[’]s participation.” De La Cruz v. Park Ave. S. Mgmt. LLC,
23 Civ. 6894 (LGS) (S.D.N.Y. Nov. 13, 2023). Accordingly, “[n]o letter[s] having been sent in

response to the court’s order[s], . . . this case is hereby DISMISSED for failure to prosecute.”
Agostino v. Wells Fargo Clearing Servs., LLC, 20 Civ. 357 (CM) (S.D.N.Y. Jan. 23, 2023).
The Clerk of Court is directed to close this case. The Clerk of Court is further directed to
mail this Order to the address on file for the pro se Defendant:
John Bell Young
c/o D. Cohen
224 Western Avenue
Brattleboro, VT 05301
SO ORDERED.
Dated: February 19, 2024
New York, New York

JENNIFER H. REARDEN
United States District Judge

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