Volfman v. Domodomo LLC et al

Filing 13

ORDER: Accordingly, if Plaintiff intends to seek a default judgment, he is directed to do so in accordance with Rule 4(H) of my Individual Rules and Practices in Civil Cases by no later than February 13, 2024. If Plaintiff fails to do so or otherwise demonstrate that he intends to prosecute this litigation, 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 2/6/2024) (rro)

NITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
JOSEPH VOLFMAN,
:
:
Plaintiff,
:
:
-against:
:
DOMODOMO LLC and HOUSTON GARDENS :
LLC,
:
:
Defendants.
:
:
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23-CV-7694 (VSB)
ORDER

VERNON S. BRODERICK, United States District Judge:
Plaintiff filed this action against Defendants Domodomo LLC (“Domodomo”) and Houston
Gardens LLC (“Houston Gardens”) on August 30, 2023. (Doc. 1.) On December 7, 2023, Plaintiff filed
an affidavit of service for Domodomo, demonstrating that service was completed on September 14, 2023.
(Doc. 9.) On December 13, 2023, Plaintiff filed a form indicating that Houston Gardens waived service
on December 5, 2023. (Doc. 12). Based on the foregoing, the deadlines for Domodomo and Houston
Gardens to respond to the Complaint were October 5, 2023 and February 5, 2024, respectively. To date,
neither Defendant has responded to the Complaint. Plaintiff, however, has taken no action to prosecute
this case. Accordingly, if Plaintiff intends to seek a default judgment, he is directed to do so in
accordance with Rule 4(H) of my Individual Rules and Practices in Civil Cases by no later than February
13, 2024. If Plaintiff fails to do so or otherwise demonstrate that he intends to prosecute this litigation, I
will dismiss this case for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b).
SO ORDERED.
Dated:

February 6, 2024
New York, New York
_______________________________
VERNON S. BRODERICK
United States District Judge