Mejia v. Mighty Mug Incorporated

Filing 12

ORDER re: 11 Order. The parties have not done so. Accordingly, the parties are hereby: ORDERED to file the joint letter and proposed case management plan and scheduling order by no later than September 19, 2022. If the parties fail to do so, I will 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 9/15/2022) (kv)

Case 1:22-cv-05473-VSB Document 12 Filed 09/15/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
----------------------------------------------------------X
:
RICHARD MEJIA,
:
:
Plaintiff,
:
:
-against:
:
:
MIGHTY MUG INCORPORATED,
:
:
Defendant. :
:
--------------------------------------------------------- X

22-CV-5473 (VSB)
ORDER

VERNON S. BRODERICK, United States District Judge:
Plaintiff filed this action on June 28, 2022, (Doc. 1), and filed an affidavit of service on
July 17, 2022, (Doc. 5). The deadline for Defendant to respond to Plaintiff’s complaint was July
29, 2022. (See Doc. 5.) As of August 2, 2022, Defendant had not appeared or responded to the
complaint. Accordingly, I ordered that if Plaintiff intended to seek a default judgment, he do so
in accordance with Rule 4(H) of my Individual Rules and Practices in Civil Cases by no later
than August 8, 2022. (Doc. 6.) I warned, “If Plaintiff fails to do so or otherwise demonstrate
that he intends to prosecute this litigation, I may dismiss this case for failure to prosecute
pursuant to Federal Rule of Civil Procedure 41(b).” (Id.) Instead, Defendant appeared on
August 3, 2022 and sought an extension of time to respond to the complaint. (Doc. 7.) I granted
the request. (Doc. 8.) Defendant filed an answer on August 26, 2022. (Doc. 10.) On August 31,
2022, I issued an initial pretrial conference order, directing the parties to submit a joint letter and
proposed case management plan and scheduling order on or before September 14, 2022. (Doc.
11.) The parties have not done so. Accordingly, the parties are hereby:
ORDERED to file the joint letter and proposed case management plan and scheduling
order by no later than September 19, 2022. If the parties fail to do so, I will dismiss this case for

Case 1:22-cv-05473-VSB Document 12 Filed 09/15/22 Page 2 of 2

failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b).
SO ORDERED.
Dated:

September 15, 2022
New York, New York

________________________________
VERNON S. BRODERICK
United States District Judge