Angeles v. Bike Bandit, LLC

Filing 7

ORDER OF DISMISSAL: On January 20, 2021, the Court ordered Plaintiff to show cause by February 10, 2021, as to why this action should not be dismissed without prejudice for failure to prosecute the case pursuant to Fed. R. Civ. P. 41(b). ECF No. 6. Such showing was not made. Accordingly, this case is dismissed without prejudice for failure to prosecute pursuant to Fed. R. Civ. P. 41(b). See LeSane v. Hall's Sec. Analyst, Inc., 239 F.3d 206, 209 (2d Cir. 2001) ([I]t is unquestioned that Rule 41(b) also gives the district court authority to dismiss a plaintiff's case sua sponte for failure to prosecute...). So Ordered (Signed by Judge Andrew L. Carter, Jr on 4/1/2021) (js)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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JENISA ANGELES, on behalf of himself
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and all others similarly situated,
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Plaintiff,
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-against:
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BIKE BANDIT, LLC,
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Defendant.
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4/1/2021

1:20-cv-08560-ALC

ORDER OF DISMISSAL

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ANDREW L. CARTER, JR., United States District Judge:
On January 20, 2021, the Court ordered Plaintiff to show cause by February 10, 2021, as
to why this action should not be dismissed without prejudice for failure to prosecute the case
pursuant to Fed. R. Civ. P. 41(b). ECF No. 6. Such showing was not made. Accordingly, this
case is dismissed without prejudice for failure to prosecute pursuant to Fed. R. Civ. P. 41(b). See
LeSane v. Hall's Sec. Analyst, Inc., 239 F.3d 206, 209 (2d Cir. 2001) (“[I]t is unquestioned that
Rule 41(b) also gives the district court authority to dismiss a plaintiff's case sua sponte for failure
to prosecute . . .”).
SO ORDERED.
Dated: April 1, 2021
New York, New York

_______________________________
ANDREW L. CARTER, JR.
United States District Judge

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