Shihab v. Oath Inc. et al
Filing
12
ORDER TO SHOW CAUSE: On January 7, 2021, plaintiff filed the complaint in this case. Dkt. 1. On January 20, 2021, plaintiff served defendant with process, making defendant's deadline to answer or otherwise respond February 10, 2021. Dkt. 7 . On February 9, 2021, defendant moved for an extension of time to respond to the complaint. Dkt. 9. On February 10, 2021, the Court granted that extension, giving defendant until March 12, 2021, to do so. Dkt. 11. Defendant has not responded to th e complaint. Plaintiff, however, has not obtained a certificate of default from the Clerk of Court or filed a motion for default judgment against defendants, and no progress has otherwise been made in this case. Accordingly, it is hereby ORDERED t hat plaintiff shall show cause by April 12, 2021, why the above-captioned action should not be dismissed for failure to prosecute, pursuant to Rule 41 of the Federal Rules of Civil Procedure. Plaintiff may show cause by properly submitting a motion for default judgment, pursuant to the Court's Individual Rules, which requires obtaining a certificate of default issued by the Clerk of Court prior to filing a motion for default judgment. Failure to submit a timely and proper motion for default judgment will result in dismissal of this case under Rule 41. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/1/2021) (ks)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
JAMIL GULMANN SHIHAB, an individual personally
known as Jamil GS,
21 Civ. 143 (PAE)
Plaintiff,
ORDER TO
SHOW CAUSE
-vOATH INC., a Delaware corporation, individually,
and doing business as Yahoo! Sports,
Defendant.
PAUL A. ENGELMAYER, District Judge:
On January 7, 2021, plaintiff filed the complaint in this case. Dkt. 1. On January 20,
2021, plaintiff served defendant with process, making defendant’s deadline to answer or
otherwise respond February 10, 2021. Dkt. 7. On February 9, 2021, defendant moved for an
extension of time to respond to the complaint. Dkt. 9. On February 10, 2021, the Court granted
that extension, giving defendant until March 12, 2021, to do so. Dkt. 11.
Defendant has not responded to the complaint. Plaintiff, however, has not obtained a
certificate of default from the Clerk of Court or filed a motion for default judgment against
defendants, and no progress has otherwise been made in this case. Accordingly, it is hereby
ORDERED that plaintiff shall show cause by April 12, 2021, why the above-captioned action
should not be dismissed for failure to prosecute, pursuant to Rule 41 of the Federal Rules of Civil
Procedure. Plaintiff may show cause by properly submitting a motion for default judgment,
pursuant to the Court’s Individual Rules, which requires obtaining a certificate of default issued
by the Clerk of Court prior to filing a motion for default judgment. Failure to submit a timely
and proper motion for default judgment will result in dismissal of this case under Rule 41.
1
SO ORDERED.
PaJA.�
____________________________
Paul A. Engelmayer
United States District Judge
Dated: April 1, 2021
New York, New York
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