Quezada v. Elephant in a Box, Inc.

Filing 9

ORDER: Accordingly, IT IS HEREBY ORDERED that any motion for entry of a default judgment shall be filed by December 1, 2021. Plaintiff is directed to follow the procedures applicable to default judgments under the Court's Individual Rules an d Practices for Civil Cases, available at the Court's website. Failure to move for a default judgment by December 1, 2021 may result in dismissal of this action for failure to prosecute, pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. See LeSane v. Hall's Sec. Analyst, Inc., 239 F.3d 206, 209 (2d Cir. 2001). SO ORDERED. ( Motions due by 12/1/2021.) (Signed by Judge Mary Kay Vyskocil on 11/17/2021) (tg)

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 11/17/2021

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
JOSE QUEZADA, on behalf of himself and all other
persons similarly situated,
Plaintiff,

1:21-cv-04681-MKV

-against-

ORDER

ELEPHANT IN A BOX, INC.,
Defendant.
MARY KAY VYSKOCIL, United States District Judge:
Plaintiff initiated this action by filing a complaint on May 25, 2021. [ECF No. 1]. An
affidavit of service of summons and complaint was filed on the docket on June 14, 2021. [ECF
No. 5]. According to that summons, Defendant’s response to the complaint was due June 17,
2021. [ECF Nos. 5]. No response was filed, and Plaintiff has not prosecuted this case to date.
Accordingly, IT IS HEREBY ORDERED that any motion for entry of a default judgment
shall be filed by December 1, 2021. Plaintiff is directed to follow the procedures applicable to
default judgments under the Court’s Individual Rules and Practices for Civil Cases, available at
the Court’s website. Failure to move for a default judgment by December 1, 2021 may result in
dismissal of this action for failure to prosecute, pursuant to Rule 41(b) of the Federal Rules of
Civil Procedure. See LeSane v. Hall's Sec. Analyst, Inc., 239 F.3d 206, 209 (2d Cir. 2001).

SO ORDERED.
Date: November 17, 2021
New York, NY

_________________________________
MARY KAY VYSKOCIL
United States District Judge