Opinion
08 Civ. 4404 (NRB).
April 29, 2010
ORDER
WHEREAS, plaintiffs commenced this action on May 9, 2008; and
WHEREAS, the only defendants to have appeared are Starplast (Israel) Inc. and Starplast USA LLC ("the Starplast defendants"); and
WHEREAS, plaintiffs were granted leave to file a First Amended Complaint on June 15, 2009 after the Starplast defendants brought a motion to dismiss; and
WHEREAS, plaintiffs were then permitted to file a Second Amended Complaint on September 18, 2009 in conjunction with their opposition to the second motion to dismiss brought by the Starplast defendants; and
WHEREAS, this Court granted the Starplast defendants' motion to dismiss on January 5, 2010; and WHEREAS, the only remaining defendants are Ghassan Azar ("Azar") and Dina Sama'an Plastics Factory ("Dina Plastics"), and neither of these defendants have appeared; and
WHEREAS, these defendants were served with the original complaint, but not the subsequent amended complaints; and
WHEREAS, despite numerous reminders over several months to plaintiff's counsel regarding the necessity of serving the amended complaint on Azar and Dina Plastics, plaintiffs' counsel can offer no assurances that the plaintiffs will supply the necessary funding to effect service on these defendants in Jordan, without which, the court has been informed, such service will not be initiated; and
WHEREAS, the Court having given plaintiffs' counsel a final deadline to inform the Court of his clients' intentions in this regard and such deadline having passed; it is hereby
ORDERED that the above-captioned action be, and hereby is, dismissed for failure to prosecute without costs and with prejudice.