Ruiz v. Keratin Bar

Filing 169

ORDER: IT IS HEREBY ORDERED that not later than Friday, July 14, 2023, Mr. Ruiz must submit a letter to the Court explaining whether he is prepared to proceed to trial, whether there are any other grounds for the Court not to dismiss this case for failure to prosecute, or whether he wishes voluntarily to dismiss this case. IT IS FURTHER ORDERED that the Clerk of Court is respectfully directed to mail a copy of this Order to Mr. Ruiz and to note the mailing on the docket. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/23/2023) (tg)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
ANGEL RUIZ,
:
:
Plaintiff,
:
:
-against:
KERATINBAR INC. and 1976 HEALTHCARE INC., :
:
:
Defendants.
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USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 06/23/2023

17-CV-2216 (VEC)
ORDER

VALERIE CAPRONI, United States District Judge:
WHEREAS on April 3, 2017, Plaintiff Angel Ruiz (“Mr. Ruiz”) was granted in forma
pauperis status, see Order, Dkt. 3;
WHEREAS on May 12, 2020, the trial and final pretrial conference in this case were
adjourned sine die in light of the COVID-19 pandemic, see Order, Dkt. 139;
WHEREAS on December 3, 2020, the Court granted Mr. Ruiz’s counsel’s motion to
withdraw as counsel, see Opinion & Order, Dkt. 158;
WHEREAS on March 8, 2023, the Court ordered the parties to appear for an in-person
status conference to discuss whether Mr. Ruiz intends to move forward with this case, see Order,
Dkt. 162;
WHEREAS on April 5, 2023, Mr. Ruiz notified the Court that he was unable to attend
the status conference and the conference was cancelled, see Order, Dkt. 163;
WHEREAS on April 12, 2023, the Court advised Mr. Ruiz that he may, if he wishes to
proceed to trial, make a request for pro bono counsel, but that filing a request would not
guarantee appointment of pro bono counsel, see Order, Dkt. 166;

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WHEREAS on April 20, 2023, Mr. Ruiz filed a request for pro bono counsel, see Dkt.
167;
WHEREAS on April 24, 2023, the Court granted Mr. Ruiz’s request that the Court
inquire as to the availability of pro bono counsel to represent him, directed the Pro Se Office to
inquire as to the availability of pro bono counsel for Mr. Ruiz, and indicated that if an attorney
did not volunteer to represent Mr. Ruiz by June 16, 2023, the Court would enter an order to show
cause why this case should not be dismissed for failure to prosecute, see Order, Dkt. 168; and
WHEREAS to date, no attorney has appeared on Mr. Ruiz’s behalf;
IT IS HEREBY ORDERED that not later than Friday, July 14, 2023, Mr. Ruiz must
submit a letter to the Court explaining whether he is prepared to proceed to trial, whether there
are any other grounds for the Court not to dismiss this case for failure to prosecute, or whether he
wishes voluntarily to dismiss this case.
IT IS FURTHER ORDERED that the Clerk of Court is respectfully directed to mail a
copy of this Order to Mr. Ruiz and to note the mailing on the docket.
SO ORDERED.
_____________________
_ _______
_________________________________
VALERIE CAPRONI
CAPRO
R NI
United States District Judge

Date: June 23, 2023
New York, NY

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