Rimberg v. Discover Bank
Robert Rimberg |
Discover Bank |
7:2017cv10209 |
December 29, 2017 |
US District Court for the Southern District of New York |
White Plains Office |
Kenneth M. Karas |
Racketeer Influenced and Corrupt Organizations |
15 U.S.C. ยง 1692 |
None |
Available Case Documents
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Filing 29 ORDER OF DISMISSAL: Accordingly, this Action is dismissed without prejudice for failure to prosecute. See Mena v. City of New York, No. 15-CV-3707, 2017 WL 6398728, at *2 (S.D.N.Y. Dec. 14, 2017) (noting that "a pro se plaintiff is not exempt fr om complying with court orders and must diligently prosecute his case"); Salem v. City of New York, No. 16-CV-7562, 2017 WL 6021646, at *2 (S.D.N.Y. Dec. 4, 2017) ("A delay of eight months to one year in prosecuting a case falls comfortably within the time frames found sufficient in successful Rule 41(b) motions to dismiss." (internal quotation marks omitted)); Robinson v. United States, No. 03-CV-1001, 2005 WL 2234051, at *2 (S.D.N.Y. Sept. 8, 2005) ("Only the Plaintiff can be responsible for notifying the court and the Defendant of his updated address, and Plaintiff's failure to do so has made it impossible to provide him any notice.") The Clerk of Court is directed to mail a copy of this Order to Plaintiff and close this case. SO ORDERED. (Signed by Judge Kenneth M. Karas on 6/15/2020) (jca) Transmission to Docket Assistant Clerk for processing. |
Filing 27 OPINION AND ORDER: In light of the foregoing analysis, the Court grants Defendant's Motion To Dismiss. The claims that are dismissed are dismissed without prejudice. Although Plaintiff has filed an Amended Complaint in this Action, this is t he first adjudication on Defendant's Motion To Dismiss. See Rennalls v. Alfredo, No. 12-CV-5300, 2015 WL 5730332, at *5 n.6 (S.D.N.Y. Sept. 30, 2015) ("[T]he Court will afford Plaintiff an opportunity to amend if, after reviewing this Order and Opinion [and] the law therein,...he still believes that he can plausibly state claims against Defendants."). Plaintiff may file a Second Amended Complaint within thirty days of this Opinion and Order. The Clerk of Court is respectfully requested to terminate the pending Motion, (Dkt. No. 23), and mail a copy of this Opinion and Order to Plaintiff. SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/25/2019) (jca) Transmission to Docket Assistant Clerk for processing. |
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Plaintiff: Robert Rimberg | |
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Defendant: Discover Bank | |
Represented By: | Adam Patrick Hartley |
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