Eng v. Podolnick et al
| Kenneth Eng |
| Wired Magazine, Annalee Newitz, David Sticher and Laura Podolnick |
| 1:2014cv04675 |
| June 12, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Unassigned |
| Copyrights |
| 17 U.S.C. ยง 501 |
| None |
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Filing
9
MEMORANDUM OPINION & ORDER. Here, each of these factors weights in favor of dismissal of plaintiff's complaint: (1) plaintiff has now failed to comply with the Court's Opinion & Order for nearly a month (29 days); (2) the Opinion & Ord er explicitly stated that failure to comply would result in dismissal; (3) there is no reason to believe that defendants will be prejudiced by further delay in these proceedings; (4) plaintiff has repeatedly abused his fair chance to be heard in f ederal courts by bringing vexatious and frivolous lawsuits, whereas the Court is currently managing a heavy caseload consisting of many potentially meritorious lawsuits; and (5) the Court has considered other sanctions less drastic than dismissal and concluded that dismissal is the most appropriate sanction in the circumstance of this case. The Court also concludes that plaintiff's failure to comply with the Opinion & Order is willful and demonstrates reasonably serious fault, and that t he circumstances here are sufficiently extreme to justify dismissal under the standard set forth by the Second Circuit in Baptiste. Accordingly, plaintiff's complaint is DISMISSED for failure to prosecute pursuant to Fed. R. Civ. P. 41(b). The Clerk of Court is directed to terminate this action. (Signed by Judge Katherine B. Forrest on 11/18/2014) Copies Mailed By Chambers. (lmb)
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Filing
7
MEMORANDUM OPINION & ORDER. Accordingly, pursuant to Rule 12(f), the Court strikes the last four paragraphs of part III of plaintiff's complaint. Plaintiff shall file an amended complaint not containing the stricken portions or any other racist , anti-Semitic, or insulting language not later than fourteen (14) days after the issuance of this Order. Failure to comply with this Order either with regard to the deadline for filing an amended complaint or with regard to the substance of the am ended complaint will result in the dismissal of this action with prejudice. The Clerk of Court is directed to remove plaintiff's initial complaint (ECF No. 2) from ECF. (Signed by Judge Katherine B. Forrest on 10/20/2014) Copies Mailed By Chambers. (lmb)
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