Su et al v. Hailu Asian Bistro Inc. et al

Filing 26

ORDER OF DISMISSAL... It is hereby ORDERED that the above-captioned action is discontinued without costs to any party and without prejudice to restoring the action to this Court's calendar if the application to restore the action is made by A pril 6, 2020. If no such application is made by that date, today's dismissal of the action is with prejudice. See Muze, Inc. v. Digital On Demand, Inc., 356 F.3d 492, 494 n.1 (2d Cir. 2004) SO ORDERED., (Motions due by 4/6/2020.) (Signed by Judge Mary Kay Vyskocil on 3/5/20) (yv)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
YU HING SU, JIAN OU, and JIAN BIN LIN,
on behalf of themselves and all others
similarly situated
Plaintiffs,
-against-

1:17-cv-10243

HAILU ASIAN BISTRO INC. d/b/a
HAILU ASIAN BISTRO, LAOUNG
YONG a/k/a MOE L YONG a/k/a JOE
YONG, POH LIM a/k/a DOREEN LIM,
JOHN MARZANO, MICHAEL A
MARZANO, and YEE WAY YAP,

ORDER OF
DISMISSAL
USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 3/5/2020

Defendants.
MARY KAY VYSKOCIL, United States District Judge:

The Complaint in this action was filed on December 31, 2017 (ECF #1). Executed
summons were filed on the docket in February and March 2018 and the Plaintiffs sought a
Certificate of Default in July 2019. There has been no filing in the case since July 19, 2019
(ECF #24). Accordingly, it is hereby
ORDERED that the above-captioned action is discontinued without costs to any party
and without prejudice to restoring the action to this Court’s calendar if the application to restore
the action is made by April 6, 2020. If no such application is made by that date, today’s
dismissal of the action is with prejudice. See Muze, Inc. v. Digital On Demand, Inc., 356 F.3d
492, 494 n.1 (2d Cir. 2004)

SO ORDERED.
Date: March 5, 2020
New York, NY

_________________________________
MARY KAY VYSKOCIL
United States District Judge