Apace Communications, Ltd. et al v. Burke et al

Filing 149

ORDER re 136 Order to Show Cause. Because plaintiff's counsel has responded 140 147 to the Order to Show Cause, the Court declines to dismiss the action at this time, but will continue to monitor the case. Signed by Hon. David G. Larimer on 6/22/10. (EMA)

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK _______________________________________________ APACE COMMUNICATIONS, INC., Plaintiff, DECISION AND ORDER 07-CV-6151L v. JEFFREY BURKE, et al., Defendants. ________________________________________________

There being little activity in this case for many months, the Court issued an ORDER TO SHOW CAUSE on April 6, 2010 as to why the case should not be dismissed pursuant to Local Rule 41.2 for failure to prosecute. Plaintiff's counsel responded (Dkt. ##140, 147) and submitted an affidavit from plaintiff's principal, Rakesh Aggarwal. Although the affidavit of Aggarwal is rather vague as to the reasons for past lack of action, there appears to be a present resolve to move forward. Apparently, plaintiff's counsel feels sanguine about plaintiff's ability to fund the litigation. We will see. Counsel has articulated a plan of action and I note that a scheduling conference is now set before United States Magistrate Judge Marian W. Payson in July 2010. In light of the above, I decline to dismiss the action at this time, but will continue to monitor the case. IT IS SO ORDERED.

_______________________________________ DAVID G. LARIMER United States District Judge Dated: Rochester, New York June 22, 2010.