Graciano v. Botanika Beauty LLC

Filing 8

ORDER: Defendant was served on October 1, 2021. However, no appearance has been entered on Defendant's behalf, and no response to the complaint has been filed in the allotted time. Plaintiff has not moved for a default judgment. Plaintiff i s directed to notify the Court whether it intends to move for default judgment, or if it has received any communication from Defendant or its counsel regarding a response to the complaint. If Plaintiff fails by December 3, 2021, to either file a letter concerning the status of the case, or move for default judgment against Defendant, the action may be dismissed for failure to prosecute. Plaintiff is directed to serve a copy of this order by mail on Defendant. SO ORDERED. (Motions due by 12/3/2021.) (Signed by Judge J. Paul Oetken on 11/17/2021) (js)

Case 1:21-cv-06934-JPO Document 8 Filed 11/17/21 Page 1 of 1

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

21-CV-6934 (JPO)
ORDER

-vBOTANIKA BEAUTY LLC,
Defendant.

J. PAUL OETKEN, District Judge:
Defendant was served on October 1, 2021. However, no appearance has been entered on
Defendant’s behalf, and no response to the complaint has been filed in the allotted time. Plaintiff
has not moved for a default judgment.
Plaintiff is directed to notify the Court whether it intends to move for default judgment,
or if it has received any communication from Defendant or its counsel regarding a response to
the complaint.
If Plaintiff fails by December 3, 2021, to either (1) file a letter concerning the status of
the case, or (2) move for default judgment against Defendant, the action may be dismissed for
failure to prosecute.
Plaintiff is directed to serve a copy of this order by mail on Defendant.
SO ORDERED.
Dated: November 17, 2021
New York, New York
____________________________________
J. PAUL OETKEN
United States District Judge