Liang v. Lucky Plaza Restaurant Inc. et al
| Jimming Liang |
| Lucky Plaza Restaurant Inc., Ngai Fung Chan, Ming Yang, Feng Chen, Jun Ming Li, John Doe, Jane Doe and ABC Corporation |
| 1:2012cv05077 |
| June 28, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Paul A. Crotty |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
21
ORDER ADOPTING R & R for 19 Report and Recommendations. Plaintiff Jimming Liang initiated the instant action on June 28,2012. The case was referred to Magistrate Judge Gabriel Gorenstein on December 5, 2012. As set out in Magistrate Judge Gorenste in's Report and Recommendation of March 21, 2013, as well as in submissions to the Court by David Lira, Plaintiffs former attorney, Mr. Lira has made several unsuccessful attempts to contact Plaintiff since December, 2012. Plaintiff did not resp ond to any of several messages left by Mr. Lira and has ceased cooperating with Mr. Lira's efforts to prosecute this matter. 1n a February 7, 2013 Order, Magistrate Judge Gorenstein ordered Plaintiff to contact the Court directly, noting that if he did not do so by March 7, 2013, his "case may be dismissed for failure to prosecute under Rule 41 of the Federal Rules of Civil Procedure." (ECF No. 13 (emphasis in original).) Plaintiff failed to comply, and, accordingly, Magistrate Ju dge Gorenstein recommended that the case be dismissed. Plaintiff has not filed any objections to the R&R, nor has Plaintiff contacted the Court in the four months since the R&R was issued. Having reviewed the R&R for clear error, see Wilds v. UPS, 26 2 F. Supp. 2d 163, 169 (S.D.N.Y. 1991), and finding none, it is hereby adopted in its entirety. Accordingly, the complaint is dismissed, without prejudice. The Clerk of Court is directed to enter judgment and close this case. SO ORDERED. (Signed by Judge Paul A. Crotty on 7/17/2013) (rsh)
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