Opinion
22 Civ. 9068 (JHR)
01-31-2024
LAMAR BROWN, on behalf of himself and all others similarly situated, Plaintiff, v. L'OVEDBABY, LLC, Defendant.
ORDER OF DISMISSAL
JENNIFER H. REARDEN UNITED STATES DISTRICT JUDGE
On October 24, 2022, Plaintiff Lamar Brown filed the Complaint in this case. See ECF No. 1. Defendant was served with process on December 14, 2022. See ECF No. 5. Defendant's response was due on January 4, 2023. See Fed.R.Civ.P. 12(a)(1)(A)(i) (“A defendant must serve an answer . . . within 21 days after being served with the summons and complaint.”). Defendant has not responded to the Complaint or otherwise appeared.
On January 19, 2024, the Court issued an Order to Show Cause directing Plaintiff, by January 29, 2024, to “move for a default judgment against Defendant or show cause why this action should not be dismissed for failure to prosecute.” ECF No. 6. The Court cautioned Plaintiff that “[f]ailure to submit a timely and proper motion for default judgment may result in dismissal without prejudice of this case.” Id. Plaintiff has not requested a certificate of default, filed a motion for default judgment, or taken any other action.
Accordingly, under Federal Rule of Civil Procedure 41(b) and the Court's inherent power, see Link v. Wabash R.R. Co., 370 U.S. 626, 630-32 (1962), the Court hereby dismisses this case, without prejudice, for failure to prosecute.
The Clerk of Court is directed to close this case.
SO ORDERED.