Zanca v. Moon Juice LLC

Filing 9

ORDER OF DISMISSAL: 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 March 19, 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)). (Signed by Judge Mary Kay Vyskocil on 2/17/2021) (mro)

Case 1:20-cv-06968-MKV Document 9 Filed 02/17/21 Page 1 of 1
USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
UNITED STATES DISTRICT COURT
DATE FILED:
SOUTHERN DISTRICT OF NEW YORK
DEBRA ZANCA, on behalf of herself and all others similarly
situated,
Plaintiff,

1:20-cv-06968-MKV

-against-

ORDER OF DISMISSAL

MOON JUICE LLC,
Defendant.
MARY KAY VYSKOCIL, United States District Judge:
Plaintiff filed the Complaint on August 27, 2020 [ECF No. 1]. Proof of service filed with
the Court on September 17, 2020, reflects that Defendant was served with the Complaint on
September 10, 2020 [ECF No. 5]. On September 29, 2020, the Court endorsed a stipulation filed
by Plaintiff extending the time for Defendant to answer or otherwise respond to the Complaint to
October 23, 2020 [ECF No. 7]. On January 6, 2021, the Court set a deadline of February 15, 2021,
for Plaintiff to move for default judgment, warning that failure to do so may result in dismissal for
failure to prosecute [ECF No. 8]. To date, Plaintiff has failed to move for default judgment.
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 March 19, 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: February 17, 2021
New York, NY

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