Aferzon v. 172 Madison NP Holding, LLC et al
| Lana Aferzon |
| 172 Madison NP Holding, LLC, 172 Madison NP Member, LLC and Luiza Dubrovsky |
| 1:2018cv02829 |
| March 30, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Ronnie Abrams |
| Recovery of Overpayment and Enforcement of Judgment |
| 28 U.S.C. ยง 1391 |
| None |
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Filing
29
ORDER: As of today's date, however, Petitioner has not responded to the Court's May 21st or July 6th Orders, nor has she otherwise indicated that she intends to pursue this action. Rule 41(b) of the Federal Rules of Civil Procedure provides that a district court may dismiss an action if "the plaintiff fails to prosecute or to comply with [the] rules or a court order." Fed. R. Civ. P. 41(b); see also Baptiste v. Sommers, 768 F.3d 212, 216 (2d Cir. 2014). Under Rule 41(b), a di strict court may dismiss an action sua sponte for failure to prosecute after notifying the plaintiff. See LaSane v. Hall's Sec. Analyst, Inc., 239 F.3d 206, 209 (2d Cir. 2001). Because the Court has not received any response from Petitioner, inc luding any indication that she intends to pursue this case, the instant action is dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(b). The Clerk of Court is respectfully directed to mail a copy of this Order to Petitioner and indicate proof of service on the docket. SO ORDERED. (Signed by Judge Ronnie Abrams on 8/10/2020) (ama) Transmission to Docket Assistant Clerk for processing.
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Filing
28
ORDER: To date, however, Petitioner has not filed any letter in response to the Order. No later than July 24, 2020, Petitioner shall file a status letter, updating the Court as to the status of this case, including whether she seeks to pursue this ac tion at this time. If Petitioner fails to do so, the Court will dismiss this action for failure to prosecute pursuant to Rule 41(b). The Clerk of Court is respectfully directed to mail a copy of this Order to Petitioner and indicate proof of service on the docket. SO ORDERED. (Signed by Judge Ronnie Abrams on 7/06/2020) (ama) Transmission to Docket Assistant Clerk for processing.
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Filing
27
ORDER: Petitioner Lana Aferzon filed this petition to enforce judgment on April 3, 2018. Dkt. 4. On January 10, 2019, Petitioner's prior attorneys were relieved as counsel, and Petitioner was instructed to inform the Court of her next steps, inc luding whether she intended to obtain or had obtained new counsel. See Dkts. 18, 19. Petitioner subsequently indicated that she was in the process of retaining new counsel. See Dkts. 23, 24. No later than June 22, 2020, Petitioner shall submit a lett er updating the Court as to the status of this action, including whether she seeks to pursue this action at this time. If Petitioner fails to do so, the case may be dismissed for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). The Clerk of Court is respectfully directed to mail a copy of this Order to Petitioner and indicate proof of service on the docket. SO ORDERED. (Signed by Judge Ronnie Abrams on 5/21/2020) (ama) Transmission to Docket Assistant Clerk for processing.
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