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