MD Nurazzaman v. TMS Food & Catering, Inc. et, al
| MD Nurazzaman |
| TMS Food & Catering, Inc. and Mohammed Salam |
| 7:2016cv08294 |
| October 24, 2016 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Westchester |
| Nelson Stephen Roman |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
9
ORDER OF DISMISSAL : Plaintiff MD Nurazzaman ("Plaintiff") commenced this action on October 24, 2016, alleging that Defendants TMS Food & Catering, Inc., d/b/a Subway Restaurants, and Mohammed Salam (together, the "Defendants") are liable for violations of the Fair Labor Standards Act and New York Labor Law. (See Complaint, ECF No. 1.) Electronic summonses were issued that same day. (ECF Nos. 5 & 6.) On November 10, 2016, summons was returned executed as to Defendant S alam (ECF No. 7); no summons was returned as to Defendant TMS Food & Catering. The case has been inactive since that time. On April 1, 2020 the Court issued an Order to Show Cause ("OSC") why this action should not be dismissed for want o f prosecution. (ECF No. 8.) In the OSC, the Court delineated Plaintiff's failure to prosecute his claims, including Plaintiffs failure to advance the action for over three years. (Id.) Plaintiff was granted until May 18, 2020, to demonstrate to the Court that he had not abandoned his claims and was taking diligent steps to prosecute them. (Id.) Plaintiff has failed to communicate with the Court or otherwise respond to the OSC. Accordingly, due to Plaintiff's failure to prosecute this action, the action is dismissed pursuant to Fed R. Civ. P. 41(b). The Clerk of Court is respectfully directed to terminate this action. (Signed by Judge Nelson Stephen Roman on 10/23/2020) (rj)
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