Farez et al v. Pinery Cleaners Inc. et al

Filing 13

ORDER re: 12 Affidavit of Service Complaints, filed by Luis Farez. Accordingly, if Plaintiff intends to seek a default judgment, they are directed to do so in accordance with Rule 4(H) of my Individual Rules and Practices in Civil Cases by no later than December 9, 2022. If Plaintiff fails to do so or otherwise demonstrate that they intend 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 11/21/2022) (kv)

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Case 1:22-cv-06728-VSB Document 13 Filed 11/21/22 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ----------------------------------------------------------X : LUIS FAREZ, individually and on behalf of : : others similarly situated, : : Plaintiff, : -against: : PINERY CLEANERS INC. (D/B/A : MADISON CLEANERS/CROWN : CLEANERS) and WON K. CHO AKA JAMES : CHO, : : Defendants. : : --------------------------------------------------------- X 22-CV-6728 (VSB) ORDER VERNON S. BRODERICK, United States District Judge: Plaintiff filed this action on August 8, 2022, (Doc. 1), and filed an affidavit of service for Defendant Pinery Cleaners and Defendant Won K. Cho on October 31, 2022, (Doc. 9), and November 2, 2022, respectively, (Doc. 12). The deadline to respond to Plaintiff’s complaint was November 18, 2022 for Defendant Pinery Cleaners and November 17, 2022 for Won K. Cho. (See Docs. 9, 12.) To date, Defendants have 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, they are directed to do so in accordance with Rule 4(H) of my Individual Rules and Practices in Civil Cases by no later than December 9, 2022. If Plaintiff fails to do so or otherwise demonstrate that they intend to prosecute this litigation, I may dismiss this case for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). SO ORDERED. Case 1:22-cv-06728-VSB Document 13 Filed 11/21/22 Page 2 of 2 Dated: November 21, 2022 New York, New York _______________________________ VERNON S. BRODERICK United States District Judge

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