Tumi Produce International Corporation v. R&L Sunset Produce Corp. et al

Filing 38

MEMO ENDORSEMENT on re: 37 Status Report filed by Tumi Produce International Corporation. ENDORSEMENT: The action is dismissed for failure to prosecute with each side to bear its own costs. So Ordered. (Signed by Judge P. Kevin Castel on 7/28/20) (yv)

Case 1:17-cv-05258-PKC Document 38 Filed 07/28/20 Page 1 of 1

KREINCES &
ROSENBERG, P.C.
Artomeys At law

900 Merchants: Concourse

Leonard Kreinces

Suite 305
Westbury, New York 11590

Howard S. Rosenberg
:\dmiucd to Prue-eke XY & CT

Tel [phone]
Fax [phone]
www.kresq.com

Donna Murphy
Ptirnli,~M

VIAECF

Dear Judge Castel:

•
The undersigned is counsel to the plaintiff in the above-referenced matter. We write to the Court
regarding its most recent Order, dated July 14, 2020. Unfortunately, we are unable to proceed as the
plaintiff has not been an ongoing concern for a significant period of time and we have been unable to
communicate with our client.
In view of the foregoing, we are unable to proceed and do not object to the dismissal of the
action. We have spoken with defendant's counsel who also has no objection to dismissal of the action,
with each party bearing its own costs.
The courtesy and cooperation of the Court is sincerely appreciated.

HR/dm
cc: Timothy Fierst, Esq. (via ECF and [e-mail])

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