Pierno v. Fidelity Brokerage Services, LLC

Filing 44

ORDER. Well over a year has passed since the Court ordered arbitration, and, in the face of an order warning that the action may be dismissed for failure to prosecute, the Plaintiff continues to maintain that he has no intention of ever arbitrating h is claims. The Court therefore dismisses the action. See, e.g., Dhaliwal v. Mallinckrodt PLC, No. 18-cv-3146 (VSB), 2020 WL 5236942, at *2 (S.D.N.Y. Sept. 2, 2020) (dismissing for failure to prosecute where plaintiff did not initiate arbitration foll owing order compelling arbitration); Shetiwy v. Midland Credit Mgmt., No. 12-cv-7068 (RJS), 2016 WL 4030488, at *2 (S.D.N.Y. July 25, 2016) (same), aff'd, 706 F. App'x 30 (2d Cir. 2017). The Clerk of Court is respectfully directed to close the case. The Clerk of Court is respectfully directed to mail a copy of this Order to the Plaintiff and note the mailing on the public docket. SO ORDERED. Fidelity Brokerage Services, LLC terminated., Case Stay Lifted. (Signed by Judge Alison J. Nathan on 10/22/2020) (rjm). Transmission to Docket Assistant Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
10/22/2020
Rinaldo Pierno,
Plaintiff,
18-cv-3384 (AJN)
–v–
ORDER
Fidelity Brokerage Services, LLC,
Defendant.

ALISON J. NATHAN, District Judge:
On January 16, 2019, the Court granted the Defendant’s motion to compel arbitration and
stayed this action pending the outcome of that arbitration. Dkt. No. 34. The Plaintiff has
informed the Court that no arbitration proceedings have commenced because he refused to
participate in arbitration, and that he continues to refuse to participate in any arbitration. See
Dkt. Nos. 36, 42.
Considering the factors set out in LeSane v. Hall’s Sec. Analyst, Inc., 239 F.3d 206 (2d
Cir. 2001), the Court finds that dismissal for failure to prosecute under Federal Rule of Civil
Procedure 41(b) is appropriate. Well over a year has passed since the Court ordered arbitration,
and, in the face of an order warning that the action may be dismissed for failure to prosecute, the
Plaintiff continues to maintain that he has no intention of ever arbitrating his claims. The Court
therefore dismisses the action. See, e.g., Dhaliwal v. Mallinckrodt PLC, No. 18-cv-3146 (VSB),
2020 WL 5236942, at *2 (S.D.N.Y. Sept. 2, 2020) (dismissing for failure to prosecute where
plaintiff did not initiate arbitration following order compelling arbitration); Shetiwy v. Midland
Credit Mgmt., No. 12-cv-7068 (RJS), 2016 WL 4030488, at *2 (S.D.N.Y. July 25, 2016) (same),
aff’d, 706 F. App’x 30 (2d Cir. 2017). The Clerk of Court is respectfully directed to close the

case.
The Clerk of Court is respectfully directed to mail a copy of this Order to the Plaintiff
and note the mailing on the public docket.

SO ORDERED.

Dated: October 22, 2020
New York, New York

__________________________________
ALISON J. NATHAN
United States District Judge

2