Mercer v. Chestnut Hill Complex Corporation

Filing 7

ORDER re: 5 Affidavit of Service Complaints filed by Stacey Mercer. Plaintiff filed this action on March 24, 2021, (Doc. 1), and filed an affidavit of service on April 6, 2021, (Doc. 5). The deadline for Defendant to respond to Plaintiff' s complaint was April 22, 2021. (See Doc. 5.) To date, Defendant has not appeared or responded to the complaint. Plaintiff, however, has taken no action to prosecute this case. Accordingly, if Plaintiff intends to seek a default judgment, she is dire cted to do so in accordance with Rule 4(H) of my Individual Rules and Practices in Civil Cases by no later than May 10, 2021. If Plaintiff fails to do so or otherwise demonstrate that she intends to prosecute this litigation, I may dismiss this case for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). SO ORDERED. (Signed by Judge Vernon S. Broderick on 4/27/2021) (kv)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ----------------------------------------------------------X : STACEY MERCER, : : Plaintiff, : : -against: : CHESNUT HILL COMPLEX : CORPORATION, : : Defendant. : : --------------------------------------------------------- X 4/27/2021 21-CV-2521 (VSB) ORDER VERNON S. BRODERICK, United States District Judge: Plaintiff filed this action on March 24, 2021, (Doc. 1), and filed an affidavit of service on April 6, 2021, (Doc. 5). The deadline for Defendant to respond to Plaintiff’s complaint was April 22, 2021. (See Doc. 5.) To date, Defendant has not appeared or responded to the complaint. Plaintiff, however, has taken no action to prosecute this case. Accordingly, if Plaintiff intends to seek a default judgment, she is directed to do so in accordance with Rule 4(H) of my Individual Rules and Practices in Civil Cases by no later than May 10, 2021. If Plaintiff fails to do so or otherwise demonstrate that she intends to prosecute this litigation, I may dismiss this case for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). SO ORDERED. Dated: April 27, 2021 New York, New York ________________________________ VERNON S. BRODERICK United States District Judge

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