Aferzon v. 172 Madison NP Holding, LLC et al

Filing 29

ORDER: As of today's date, however, Petitioner has not responded to the Court's May 21st or July 6th Orders, nor has she otherwise indicated that she intends to pursue this action. Rule 41(b) of the Federal Rules of Civil Procedure provides that a district court may dismiss an action if "the plaintiff fails to prosecute or to comply with [the] rules or a court order." Fed. R. Civ. P. 41(b); see also Baptiste v. Sommers, 768 F.3d 212, 216 (2d Cir. 2014). Under Rule 41(b), a di strict court may dismiss an action sua sponte for failure to prosecute after notifying the plaintiff. See LaSane v. Hall's Sec. Analyst, Inc., 239 F.3d 206, 209 (2d Cir. 2001). Because the Court has not received any response from Petitioner, inc luding any indication that she intends to pursue this case, the instant action is dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(b). The Clerk of Court is respectfully directed to mail a copy of this Order to Petitioner and indicate proof of service on the docket. SO ORDERED. (Signed by Judge Ronnie Abrams on 8/10/2020) (ama) Transmission to Docket Assistant Clerk for processing.

Case 1:18-cv-02829-RA Document 29 Filed 08/10/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
LANA AFERZON,

USDC-SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC#:
DATE FILED: 8-10-20

Petitioner,
v.
172 MADISON NP HOLDING, LLC, 172
MADISON NP MEMBER, LLC, AND LUIZA
DUBROVSKY,
Respondents.

18-CV-2829 (RA)
ORDER

RONNIE ABRAMS, United States District Judge:
Petitioner Lana Aferzon filed this petition to enforce judgment on April 3, 2018. Dkt. 4. On
January 10, 2019, Petitioner’s prior attorneys were relieved as counsel, and Petitioner was instructed to
inform the Court of her next steps, including whether she intended to obtain or had obtained new counsel.
See Dkts. 18, 19. Petitioner subsequently indicated that she was in the process of retaining new counsel.
See Dkts. 23, 24. On May 21, 2020, the Court ordered Petitioner to submit a status update no later than
June 22nd. See Dkt. 27. The Court advised Petitioner that if she failed to do so, the case may be
dismissed for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). See id. A copy of
the Court’s May 21st Order was mailed to Petitioner on May 28, 2020. Having not received any
submission from Petitioner in response to the May 21st Order, on July 6, 2020, the Court ordered
Petitioner to submit a status letter no later than July 24, 2020. See Dkt. 28. The Court again advised
Petitioner that if she failed to do so, the Court would dismiss this action for failure to prosecute pursuant
to Rule 41(b). A copy of the Court’s July 6th Order was mailed to Petitioner that same day. As of
today’s date, however, Petitioner has not responded to the Court’s May 21st or July 6th Orders, nor has
she otherwise indicated that she intends to pursue this action.
Rule 41(b) of the Federal Rules of Civil Procedure provides that a district court may dismiss an
action if “the plaintiff fails to prosecute or to comply with [the] rules or a court order.” Fed. R. Civ. P.

Case 1:18-cv-02829-RA Document 29 Filed 08/10/20 Page 2 of 2

41(b); see also Baptiste v. Sommers, 768 F.3d 212, 216 (2d Cir. 2014). Under Rule 41(b), a district court
may dismiss an action sua sponte for failure to prosecute after notifying the plaintiff. See LaSane v.
Hall’s Sec. Analyst, Inc., 239 F.3d 206, 209 (2d Cir. 2001). Because the Court has not received any
response from Petitioner, including any indication that she intends to pursue this case, the instant action
is dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(b).
The Clerk of Court is respectfully directed to mail a copy of this Order to Petitioner and indicate
proof of service on the docket.
SO ORDERED.
Dated:

August 10, 2020
New York, New York
RONNIE ABRAMS
United States District Judge