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Barton v. Ne. Transp.

United States District Court, S.D. New York
Feb 24, 2022
21-CV-326 (KMK) (S.D.N.Y. Feb. 24, 2022)

Opinion

21-CV-326 (KMK)

02-24-2022

CATHERINE BARTON and ZACHARY ZAITZEFF, Plaintiffs, v. NORTHEAST TRANSPORT, INC., and LAND-AIR EXPRESS OF NEW ENGLAND, LTD., Defendants.


ORDER TO SHOW CAUSE

KENNETH M. KARAS, United States District Judge:

On January 24, 2022, the Court granted Defendant Northeast's Motion To Dismiss. (Dkt. No. 38.) The Court dismissed Plaintiff's claims without prejudice and gave Plaintiff 30 days to file a second amended complaint addressing the deficiencies identified in the Opinion & Order. (Id.)

Plaintiff did not file a second amended complaint within thirty days of the issuance of the Opinion & Order and has not yet filed a second amended complaint.

Accordingly, it is hereby:

ORDERED that Plaintiff shall show cause, by no later than March 24, 2022, as to why this case should not be dismissed for failure to prosecute. See Armstrong v. Guccione, 470 F.3d 89, 103 n.1 (2d Cir. 2006) (noting that “a federal district court has the inherent power to dismiss a case sua sponte for failure to prosecute” (citing Link v. Wabash R.R. Co., 370 U.S. 626 630-32 (1962)). The Court may dismiss this case without further notice in the event that good cause is not shown.

The Clerk of Court is directed to mail a copy of this Order to Plaintiff.

SO ORDERED.


Summaries of

Barton v. Ne. Transp.

United States District Court, S.D. New York
Feb 24, 2022
21-CV-326 (KMK) (S.D.N.Y. Feb. 24, 2022)
Case details for

Barton v. Ne. Transp.

Case Details

Full title:CATHERINE BARTON and ZACHARY ZAITZEFF, Plaintiffs, v. NORTHEAST TRANSPORT…

Court:United States District Court, S.D. New York

Date published: Feb 24, 2022

Citations

21-CV-326 (KMK) (S.D.N.Y. Feb. 24, 2022)