Gonzalez v. Creative Recreations, Inc.
ORDER re: 11 Order, Set Deadlines. On July 9, 2020, this Court ordered Plaintiff to move for a default judgment by August 10, 2020. ECF No. 10. Plaintiff failed to do so. On October 15, 2020, the Court ordered Plaintiff to move for default judg ment by November 10, 2020. ECF No. 11. Once again, Plaintiff failed to comply with this order. Plaintiff has failed to comply with multiple court orders and is reminded that under Rule 41(b) of the Federal Rules of Civil Procedure, an action may be d ismissed "[i]f the plaintiff fails to prosecute or to comply with [the federal rules] or a court order." Fed. R. Civ. 41(b). "Rule 41(b) gives the district court authority to dismiss a plaintiff's case sua sponte for failure to pr osecute." Davis v. Town of Hempstead, 597 F. App'x 31, 32 (2d Cir. 2015) (internal quotation marks omitted). By January 19, 2021, Plaintiff shall submit his materials for a default judgment in accordance with Attachment A to the Court' s Individual Practices in Civil Cases. Failure to do so shall result in dismissal pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. See Baptiste v. Sommers, 768 F.3d 212 (2d Cir. 2014). SO ORDERED. ( Motions due by 1/19/2021.) (Signed by Judge Analisa Torres on 1/7/2021) (kv)
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?