Opinion
1:21-cv-6446-GHW
07-13-2022
KENYA COBB, Plaintiff, v. UNITED STATES POSTAL SERVICE, NYC Manager, H.R. Dep't, and APW4,Defendants.
ORDER
GREGORY H. WOODS, UNITED STATES DISTRICT JUDGE:
On July 13, 2022 at 4:30 p.m., the Court held an initial pre-trial conference. Neither Ms. Cobb nor a defendants or their representatives appeared on the conference line. The Court and the court reporter waited online until 4:40 p.m., and after Ms. Cobb failed to appear, the Court adjourned the conference.
Accordingly, the status conference to discuss next steps in this action is rescheduled to August 18, 2022 at 4:30 p.m. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules.
Ms. Cobb is ORDERED to participate in the August 18, 2022 conference. The Court reminds Ms. Cobb that she is required to comply with the Court's orders. Ms. Cobb has now failed to comply with three of the Court's orders. The Clerk of Court mailed the Court's May 23, 2022 order to Ms. Cobb at the address she provided. Ms. Cobb has not updated her address since this case was initiated. If Ms. Cobb continues to fail to comply with the Court's orders, the Court expects to dismiss this case under Federal Rule of Civil Procedure 41(b). Rule 41(b) provides, in relevant part, that “[i]f the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to dismiss the action or any claim against it.” Fed.R.Civ.P. 41(b).
“Although the text of Fed.R.Civ.P. 41(b) expressly addresses only the case in which a defendant moves for dismissal of an action, it is unquestioned that Rule 41(b) also gives the district court authority to dismiss a plaintiff's case sua sponte for failure to prosecute.” LeSane v. Hall's Sec. Analyst, Inc., 239 F.3d 206, 209 (2d Cir. 2001) (citing Link v. Wabash R.R. Co., 370 U.S. 626, 630 (1962)).
The Clerk of Court is directed to mail a copy of this order to Plaintiff by certified mail.
SO ORDERED.