Opinion
22-CV-7191 (VSB)
10-18-2022
FEDERAL INSURANCE COMPANY, Plaintiff, v. S.E.I. SUN EXPRESS INTERNATIONAL LTD., et al., Defendants.
ORDER
VERNON S. BRODERICK, United States District Judge:
Plaintiff filed this action against Defendants S.E.I. Sun Express International Ltd. (“S.E.I.”), Sun Express Int'l, Inc. (“Sun Express”), and Cargolux Airlines International S.A. (“Cargolux”) on August 23, 2022. (Doc. 1.) Plaintiff filed an affidavit of service for Cargolux on August 31, 2022, (Doc. 10), and affidavits of service for S.E.I. and Sun Express on September 16, 2022, (Docs. 14, 15). The deadline for Cargolux to respond to Plaintiff's complaint was September 15, 2022, (see Doc. 10), and the deadline for S.E.I. and Sun Express to respond to Plaintiff's complaint was October 5, 2022, (see Docs. 14, 15). On September 12, 2022, I granted Cargolux an extension of time to respond. (Doc. 13.) On September 23, 2022, Cargolux timely filed an answer and asserted a crossclaim against S.E.I. and Sun Express. (Doc. 17.) On October 5, 2022, Sun Express timely filed an answer and asserted a crossclaim against Cargolux. (Doc. 20.) The deadline for S.E.I. to respond to Cargolux's crossclaims was October 14, 2022. See Fed.R.Civ.P. 12(a)(1)(B). To date, S.E.I. not appeared or responded to Plaintiff's complaint or Cargolux's crossclaim. Plaintiff, however, has taken no action to prosecute this case against S.E.I. Accordingly, if Plaintiff intends to seek a default judgment against S.E.I., it is directed to do so in accordance with Rule 4(H) of my Individual Rules and Practices in Civil Cases by no later than October 25, 2022. If Plaintiff fails to do so or otherwise demonstrate that it intends to prosecute this litigation against S.E.I., I may dismiss Plaintiff's claim against S.E.I., and Cargolux's crossclaim against S.E.I., for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b).
SO ORDERED.