Best v. Merchant et al

Filing 184

ORDER denying without prejudice 181 Motion to Dismiss for Lack of Prosecution. Accordingly, that motion is denied without prejudice. If Defendants wish to renew their motion at alater date, they are directed to do so in compliance with the Courts Individual Rule 2(E). The Clerk of Court is directed to terminate the motion pending at Dkt. No. 181. The Clerk of Court is further directed to mail Plaintiff a copy of this Order by certified mail. SO ORDERED. (Signed by Judge Gregory H. Woods on 11/25/2024) (sgz)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
----------------------------------------------------------------- X
:
HILARY BEST,
:
:
Plaintiff,
:
:
-v:
:
JAMES MERCHANT, et al.,
:
:
Defendants. :
:
------------------------------------------------------------------ X
GREGORY H. WOODS, United States District Judge:

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #: _________________
DATE FILED: 11/25/2024

1:21-cv-779-GHW
ORDER

On November 22, 2024, Defendants filed a motion to dismiss pursuant to Fed. R. Civ. P.
41(b) and 37(b)(2). Dkt. No. 181. In the Court’s order dated January 25, 2023, counsel was directed
to review and comply with the Court’s Individual Rules of Practice in Civil Cases. Dkt. No. 91.
Pursuant to the Court’s Individual Rule 2(E), pre-motion submissions are required for motions to
dismiss. Defendants did not file a pre-motion submission before filing their motion to dismiss.
Accordingly, that motion is denied without prejudice. If Defendants wish to renew their motion at a
later date, they are directed to do so in compliance with the Court’s Individual Rule 2(E).
The Clerk of Court is directed to terminate the motion pending at Dkt. No. 181. The Clerk
of Court is further directed to mail Plaintiff a copy of this Order by certified mail.
SO ORDERED.
Dated: November 25, 2024
__________________________________
GREGORY H. WOODS
United States District Judge