P&F USA, Inc. v. Gibson Innovations Ltd et al
| P&F USA, Inc. |
| Gibson Innovations Ltd and Gibson Innovations USA, Inc. |
| 1:2017cv08084 |
| October 19, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Debra C. Freeman |
| Laura Taylor Swain |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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| Document Text |
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Filing
50
ORDER: In light of Gibson Ltd.'s failure to file a timely statement addressing its intention to further pursue its counterclaims against Plaintiff, the Court hereby dismisses Gibson Ltd.'s counterclaims against Plaintiff with prejudice for failure to prosecute. The Court further dismisses Plaintiff's claims against Gibson Ltd. pursuant to Federal Rule of Civil Procedure 41(a)(2). The Clerk of Court is hereby directed to close this case. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/09/2021) (ama)
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Filing
48
ORDER: In its status report dated December 1, 2020, Plaintiff P&F USA, Inc. ("Plaintiff"), confirms that its litigation has been resolved as against Defendant Gibson Innovations USA, Inc., and that it wishes to discontinue its claims agains t Defendant Gibson Innovations Ltd. ("Gibson Ltd."), which has reportedly been in Hong Kong liquidation proceedings since 2018 (see docket entry no. 29). Gibson Ltd., which has asserted counterclaims against Plaintiff, has not been responsi ve to Plaintiff's outreach attempts. In order to facilitate the resolution of the remaining aspects of this case, the stay imposed by the Court's order of June 26, 2018 (docket entry no. # 30) is hereby lifted and Gibson Ltd. is hereby dire cted to file a statement by January 8, 2021, as to whether it intends to move forward on its counterclaims. If no timely statement is filed, the counterclaims will be dismissed with prejudice for failure to prosecute, without further advance notice. Gibson Ltd.'s counsel of record is directed to forward a copy of this order to Gibson Ltd. and file certification of such action by December 10, 2020. SO ORDERED. (Signed by Judge Laura Taylor Swain on 12/08/2020) (ama)
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