Karelina v. Equinox Holdings, Inc. et al

Filing 53

ORDER:On August 25, 2020, the Court ordered Plaintiff to show cause by September 1 2020, as to why this action should not be dismissed without prejudice for failure to prosecute pursuant to Fed. R. Civ. P. 41(b). ECF No. 52. Such showing was not mad e. Accordingly, this case is dismissed without prejudice for failure to prosecute pursuant to Fed. R. Civ. P. 41(b). See LeSane v. Hall's Sec. Analyst, Inc., 239 F.3d 206, 209 (2d Cir. 2001) ("[I]t is unquestioned that Rule 41(b) also gives the district court authority to dismiss a plaintiff's case sua sponte for failure to prosecute...").SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 9/2/2020) (rj)

Case 1:17-cv-10249-ALC-SLC Document 53 Filed 09/02/20 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
9/2/2020

KARELINA,
Plaintiff,

1:17-cv-10249-ALC-SLC
-againstORDER
EQUINOX HOLDINGS, INC., ET AL.,
Defendants.
ANDREW L. CARTER, JR., United States District Judge:
On August 25, 2020, the Court ordered Plaintiff to show cause by September 1 2020, as
to why this action should not be dismissed without prejudice for failure to prosecute pursuant to
Fed. R. Civ. P. 41(b). ECF No. 52. Such showing was not made. Accordingly, this case is
dismissed without prejudice for failure to prosecute pursuant to Fed. R. Civ. P. 41(b). See
LeSane v. Hall's Sec. Analyst, Inc., 239 F.3d 206, 209 (2d Cir. 2001) (“[I]t is unquestioned that
Rule 41(b) also gives the district court authority to dismiss a plaintiff's case sua sponte for failure
to prosecute . . .”).
SO ORDERED.
Dated:

September 2, 2020
New York, New York
ANDREW L. CARTER, JR.
United States District Judge