The opinion
USONUITTEHDE RSTNA DTIESST RDIICSTT ROIFC TN ECWOU YROTR K
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:
LAMAR BROWN, :
Plaintiff, :
: 23 Civ. 3000 (LGS)
-against- :
: ORDER
GRUV, INC., :
Defendant. :
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LORNA G. SCHOFIELD, District Judge:
WHEREAS, the Order dated June 30, 2023, instructed Plaintiff to present an Order to
Show Cause for Default Judgment and related papers as provided in the Court’s Individual Rules
by July 6, 2023. Plaintiff did not comply with that Order. The Order dated July 7, 2023, again
instructed the Plaintiff to present an Order to Show Cause for Default Judgement, by July 12,
2023. The July 7 Order warned that if no Order to Show Cause was filed, the case would be
dismissed for failure to prosecute;
WHEREAS, Plaintiff has not presented an Order to Show Cause for Default Judgment
and related papers. Defendant has not appeared;
WHEREAS, Federal Rule of Civil Procedure 41(b) authorizes a district court to dismiss
an action “if the plaintiff fails to prosecute or to comply with the rules or a court order.” Baptiste
v. Sommers, 768 F.3d 212, 216 (2d Cir. 2014); accord Traore v. New York City Dep't of Corr.,
No. 22 Civ. 1429, 2023 WL 4187906, at *1 (S.D.N.Y. June 26, 2023). It is settled that Rule
41(b) “gives the district court authority to dismiss a plaintiff's case sua sponte for failure to
prosecute.” LeSane v. Hall's Sec. Analyst, Inc., 239 F.3d 206, 209 (2d Cir. 2001); accord Lopez
v. 3662 Broadway Rest. Corp., No. 19 Civ. 975, 2023 WL 3847141, at *2 (S.D.N.Y. June 6,
2023). Dismissal without prejudice is appropriate here. Plaintiff was “given notice that further
delay would result in dismissal,” U.S. ex rel. Drake v. Norden Sys., Inc., 375 F.3d 248, 254 (2d
Cir. 2004). Dismissal without prejudice appropriately strikes a balance “between alleviating
court calendar congestion and protecting a party's right to due process and a fair chance to be
heard.” Traore, 2023 WL 4187906, at *1. It is hereby
ORDERED that the case is dismissed without prejudice. The Clerk of Court is
respectfully directed to close the case.
Dated: July 13, 2023 .
New York, New York
LORNA G. SCHOFIEL
UNITED STATES DISTRICT JUDGE