Liz v. The Airplane Shop, Inc.

Filing 9

ORDER: In light of Defendant's overdue answer, Plaintiff was previously directed to file a letter with the Court by February 2, 2024, addressing whether Plaintiff's counsel has had any contact with Defendant or whether counsel intends to seek a Certificate of Default from the Clerk of Court and file a Motion for Default Judgment. To date, no such letter has been filed. Accordingly, Plaintiff is ORDERED to file that letter by February 8, 2024. If Plaintiff fails to comply, the Court will recommend that the case be dismissed without prejudice for failure to prosecute. Fed. R. Civ. P. 41(b). SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 2/7/2024) (dsh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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2/7/2024

PEDRO LIZ,
23-CV-10871 (DEH)(SN)

Plaintiff,

ORDER

-againstTHE AIRPLANE SHOP, INC.,
Defendant.
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SARAH NETBURN, United States Magistrate Judge:

In light of Defendant’s overdue answer, Plaintiff was previously directed to file a letter
with the Court by February 2, 2024, addressing whether Plaintiff’s counsel has had any contact
with Defendant or whether counsel intends to seek a Certificate of Default from the Clerk of
Court and file a Motion for Default Judgment. To date, no such letter has been filed.
Accordingly, Plaintiff is ORDERED to file that letter by February 8, 2024. If Plaintiff fails to
comply, the Court will recommend that the case be dismissed without prejudice for failure to
prosecute. Fed. R. Civ. P. 41(b).
SO ORDERED.

DATED:

February 7, 2024
New York, New York

SARAH NETBURN
United States Magistrate Judge