Opinion
02 Civ. 1169 (LAK)
July 31, 2002
ORDER
This action was commenced on February 13, 2002. On February 25, 2002, the Court issued an order directing counsel to appear on April 15, 2002 for a scheduling conference unless they agreed upon and submitted an appropriate scheduling order in advance of that date. It sent a copy of that order to plaintiff's counsel with the direction to forward a copy to the defendant or its counsel.
On April 15, 2002, plaintiff's counsel appeared for the scheduling conference at which he advised the Court that the defendant had not been served.
The Court scheduled another scheduling conference for July 1, 2002. Plaintiff's counsel again appeared and advised the Court that the defendant had been served and was in default. The Court directed plaintiff's counsel to file his application for a default judgment on or before July 5, 2002. Plaintiff has failed to do so and has failed to take any other steps to proceed with this action. Defendant, for its part, remains in default.
In the circumstances, the action is dismissed for lack of prosecution and for failure to comply with the direction to file the application for a default judgment on or before July 5, 2002.
SO ORDERED.