Gonzalez v. Jean Atelier LLC

Filing 10

ORDER OF DISMISSAL: Accordingly, it is hereby: ORDERED that the above-captioned action is discontinued for failure to prosecute without costs to any party and without prejudice to restoring the action to this Court's calendar if the applicatio n to restore the action is made by April 30, 2021. If no such application is made by that date, today's dismissal of the action is with prejudice. See LeSane v. Hall's Sec. Analyst, Inc., 239 F.3d 206, 209 (2d Cir. 2001) (citing Link v. Wabash R.R. Co., 370 U.S. 626, 630 (1962)). SO ORDERED. ( Motions due by 4/30/2021.) (Signed by Judge Mary Kay Vyskocil on 3/31/2021) (kv)

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 3/31/2021

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ALBERTO GONZALEZ,
Plaintiff,

1:20-cv-01022-MKV
-againstORDER OF DISMISSAL
JEAN ATELIER LLC
Defendant.
MARY KAY VYSKOCIL, United States District Judge:
The Complaint in this action was filed on February 5, 2020 [ECF No. 1]. Plaintiff took
no action to prosecute this case until December 8, 2020, when he requested a certificate of
default for Defendant. The certificate of default was issued the next day [ECF No. 9], but
Plaintiff has taken no action to prosecute this case since then. Accordingly, it is hereby:
ORDERED that the above-captioned action is discontinued for failure to prosecute 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 30, 2021. If no such application is made by that
date, today’s dismissal of the action is with prejudice. See LeSane v. Hall’s Sec. Analyst, Inc., 239
F.3d 206, 209 (2d Cir. 2001) (citing Link v. Wabash R.R. Co., 370 U.S. 626, 630 (1962)).

SO ORDERED.
Date: March 31, 2021
New York, NY

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MARY KAY VYS
Y KAY VYSKOCIL
YSKOCIL
CI
I
United States Dist
States District Judge
istrict