Thorne v. The Occasions Group, Inc.

Filing 17

ORDER OF DISMISSAL: Accordingly, IT IS HEREBY ORDERED that this case is dismissed, without prejudice, for failure to prosecute. Plaintiff may move to reinstate the case on or before October 8, 2021, otherwise the dismissal shall be with prejudice. (Signed by Judge Mary Kay Vyskocil on 9/8/2021) (ate)

Case 1:20-cv-09441-MKV Document 17 Filed 09/08/21 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 9/8/2021

BRAULIO THORNE, ON BEHALF OF
HIMSELF AND ALL OTHER PERSONS
SIMILARLY SITUATED,
Plaintiff,
-against-

1:20-cv-9441 (MKV)
ORDER OF DISMISSAL

PUMPERNICKEL PRESS, LLC,
Defendant.
MARY KAY VYSKOCIL, United States District Judge:
Plaintiff filed his initial Complaint on November 11, 2020. [ECF No. 1]. Plaintiff then
filed an Amended Complaint on May 7, 2021. An Affidavit of Service was filed on May 20,
2021. [ECF No. 15]. Defendants have not responded, and Plaintiff has taken no action in this
case since then.
In an Order dated August 4, 2021, the Court directed Plaintiff to file any motion for a
default judgment or take some other action by September 3, 2021 [ECF No. 16]. The Court
stated that failure to move for a default judgment might result in dismissal of this action for
failure to prosecute. Now a month later, Plaintiff has not filed a motion for default judgment,
requested an extension of time to file such a motion, or taken any other action to prosecute this
case.
The Court has considered the factors required by Second Circuit case law for dismissal
pursuant to Rule 41(b), and the Court finds that dismissal is warranted. See Baptiste v. Sommers,
768 F.3d 212, 217 (2d Cir. 2014). Accordingly, IT IS HEREBY ORDERED that this case is
dismissed, without prejudice, for failure to prosecute. Plaintiff may move to reinstate the case on
or before October 8, 2021, otherwise the dismissal shall be with prejudice.

Case 1:20-cv-09441-MKV Document 17 Filed 09/08/21 Page 2 of 2

SO ORDERED.
_________________________________
MARY KAY VYSKOCIL
United States District Judge

Date: September 8, 2021
New York, NY

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