Vuppala v. 25 Bond Street Garage Owner LLC et al

Filing 89

ORDER: It is hereby ORDERED that Plaintiff's claims against FirstService are dismissed without prejudice; It is further ORDERED that by October 2, 2024, Plaintiff shall serve Parking. If Plaintiff continues to violate this Order, Plaintiff's claims against Parking may be dismissed for failure to prosecute. The Clerk of Court is respectfully directed to terminate FirstService as a defendant. (Signed by Judge Lorna G. Schofield on 9/25/2024) (ks)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
--------------------------------------------------------------X
:
KIRAN VUPPALA,
:
Plaintiff,
:
:
-against:
:
BOND STREET PARKING LLC et al,
:
Defendants. :
:
--------------------------------------------------------------X

23 Civ. 149 (LGS)
ORDER

LORNA G. SCHOFIELD, District Judge:
WHEREAS, an order dated August 27, 2024, directed Plaintiff to file a proper notice of
voluntary dismissal against Defendant FirstService Residential New York, Inc. (“FirstService”)
by August 30, 2024. It also directed Plaintiff to serve Defendant 25 Bond Street Garage
(“Garage”) by September 13, 2024. If Defendant Bond Street Parking LLC (“Parking”) has not
appeared by September 13, 2024, the order also directed Plaintiff to dismiss or file a proposed
Order to Show Cause for default judgment and related papers against Parking by September 20,
2024;
WHEREAS, by August 30, 2024, Plaintiff did not properly dismiss FirstService;
WHEREAS, by September 13, 2024, Plaintiff did not serve Garage;
WHEREAS, on September 14, 2024, Plaintiff filed a letter motion for extension of time to
serve Parking. Plaintiff did not ask for an extension to serve Garage or voluntarily dismiss
FirstService;
WHEREAS, an order dated September 16, 2024, granted Plaintiff’s request for extension
and directed Plaintiff to serve Parking or file letter on efforts to serve Parking by October 14,
2024. The order also sua sponte extended the deadline for Plaintiff to serve Garage and dismiss
FirstService to September 18, 2024;

WHEREAS, by September 18, 2024, Plaintiff did not serve Garage or dismiss
FirstService. It is hereby
ORDERED that Plaintiff’s claims against FirstService are dismissed without prejudice; It
is further
ORDERED that by October 2, 2024, Plaintiff shall serve Parking. If Plaintiff continues
to violate this Order, Plaintiff’s claims against Parking may be dismissed for failure to prosecute.
The Clerk of Court is respectfully directed to terminate FirstService as a defendant.
Dated: September 25, 2024
New York, New York

2