Belliard v. Eagle Team NYC et al

Filing 12

ORDER OF DISMISSAL: Accordingly, under Federal Rule of Civil Procedure 41(b) and the Court's inherent power, see Link v. Wabash R.R. Co., 370 U.S. 626, 63032 (1962), the Court hereby dismisses this case, without prejudice, for the plaintiff's failure to prosecute. The Clerk of Court is respectfully directed to close this case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/14/2020) (kv)

Case 1:19-cv-08198-PAE-DCF Document 12 Filed 10/14/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
RAMON A. BELLIARD,
:
:
Plaintiff,
:
:
-v:
:
EAGLE TEAM NYC AND VADIM TARNOVKSY,
:
:
Defendants.
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:
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X

19 Civ. 8198 (PAE) (DCF)
ORDER OF DISMISSAL

PAUL A. ENGELMAYER, District Judge:
On October 6, 2020, the Court issued an order to show cause why this action should not
be dismissed for failure to prosecute under Federal Rule of Civil Procedure 41. Dkt. 11. On
September 3, 2019, plaintiff filed the complaint in this action. Dkt. 1. On December
12, 2019, plaintiff served defendant Eagle Team NYC with process, making defendant Eagle
Team NYC’s deadline to answer or otherwise respond January 2, 2020. See Dkt. 6. Defendant
Eagle Team NYC did not respond to the complaint or otherwise appear in this action. On
January 3, 2020, plaintiff obtained a certificate of default as to Eagle Team NYC from the Clerk
of Court. Dkt. 8. On February 6, 2020, the Court dismissed defendant Vadim Tarnovsky
because plaintiff had not effected service or timely sought an extension to do so as to defendant
Tarnovsky. Dkt. 10. Plaintiff has, however, not filed a motion for default judgment against
defendant Eagle Team NYC and no progress has otherwise been made in this case.

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Case 1:19-cv-08198-PAE-DCF Document 12 Filed 10/14/20 Page 2 of 2

The Court’s October 6, 2020 order to show cause advised that cause may be shown by
filing a motion for default judgment by October 13, 2020. Dkt. 11. Plaintiff has not taken this
step or otherwise taken any action to make any progress in this case since the Court’s order to
show cause.
Accordingly, under Federal Rule of Civil Procedure 41(b) and the Court’s inherent
power, see Link v. Wabash R.R. Co., 370 U.S. 626, 630–32 (1962), the Court hereby dismisses
this case, without prejudice, for the plaintiff’s failure to prosecute.
The Clerk of Court is respectfully directed to close this case.

PaJA.�

SO ORDERED.

____________________________
Paul A. Engelmayer
United States District Judge
Dated: October 14, 2020
New York, New York

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