Opinion

Brown v. L'ovedbaby, LLC

Court
District Court, S.D. New York
Filed
Jan 31, 2024
Cited by
0 cases
Authority
More cited than 27.7%

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

LAMAR BROWN, on behalf of himself and all

others similarly situated,

Plaintiff, 22 Civ. 9068 (JHR)

-v.- ORDER OF DISMISSAL

L’OVEDBABY, LLC,

Defendant.

JENNIFER H. REARDEN, District Judge:

On October 24, 2022, Plaintiff Lamar Brown filed the Complaint in this case. See ECF No. 1.

Defendant was served with process on December 14, 2022. See ECF No. 5. Defendant’s response

was due on January 4, 2023. See Fed. R. Civ. P. 12(a)(1)(A)(@) (“A defendant must serve an answer .

.. within 21 days after being served with the summons and complaint.”). Defendant has not

responded to the Complaint or otherwise appeared.

On January 19, 2024, the Court issued an Order to Show Cause directing Plaintiff, by January

29, 2024, to “move for a default judgment against Defendant or show cause why this action should

not be dismissed for failure to prosecute.” ECF No. 6. The Court cautioned Plaintiff that “[flailure to

submit a timely and proper motion for default judgment may result in dismissal without prejudice of

this case.” /d. Plaintiff has not requested a certificate of default, filed a motion for default judgment,

or taken any other action.

Accordingly, under Federal Rule of Civil Procedure 41(b) and the Court’s inherent power, see

Link v. Wabash R.R. Co., 370 U.S. 626, 630-32 (1962), the Court hereby dismisses this case, without

prejudice, for failure to prosecute.

The Clerk of Court is directed to close this case.

SO ORDERED.

Dated: January 31, 2024

New York, New York Poa,

| TENNIFER H. REARDEN

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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