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Paguada v. Am. Retail Supply Corp.

United States District Court, S.D. New York
Aug 27, 2021
21-CV-733 (SHS) (S.D.N.Y. Aug. 27, 2021)

Opinion

21-CV-733 (SHS)

08-27-2021

DILENIA PAGUADA, on behalf of herself and all others similarly situated, Plaintiff, v. AMERICAN RETAIL SUPPLY CORP., Defendant.


ORDER

SIDNEY H. STEIN, U.S. DISTRICT JUDGE

Plaintiff Dilenia Paguada initated this action on January 27, 2021. (Compl., ECF No. 1.) On April 15, after the defendant was served with the summons and complaint, plaintiff wrote to the Court requesting an adjournment of the initial pretrial conference because defendant failed to appear in the action. (ECF No. 9.) Plaintiff's attorney informed the Court that he was in the process of moving the Court for a default judgment. (Id.) The Court granted that request and specified that plaintiff should file her motion for default judgment, on notice to defendant, on or before May 21, 2021. (ECF No. 10.)

On July 14-well past the May 21 deadline-plaintiff wrote to the Court requesting an additional 15 days in which to "attempt to contact [the] [defendant or in the alternative, move for a Default Judgment." (ECF No. 13.) The Court again granted plaintiff's request for an extension to serve and file a motion for a default judgment until July 30, 2021. (ECF No. 15.)

July 30 has come and gone. Accordingly, due to plaintiff's repeated failure to meet the deadlines set by this Court, this action is DISMISSED without prejudice pursuant to Federal Rule of Civil Procedure 41(b). See Link v. Wabash R. Co., 370 U.S. 626, 630 (1962).


Summaries of

Paguada v. Am. Retail Supply Corp.

United States District Court, S.D. New York
Aug 27, 2021
21-CV-733 (SHS) (S.D.N.Y. Aug. 27, 2021)
Case details for

Paguada v. Am. Retail Supply Corp.

Case Details

Full title:DILENIA PAGUADA, on behalf of herself and all others similarly situated…

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

Date published: Aug 27, 2021

Citations

21-CV-733 (SHS) (S.D.N.Y. Aug. 27, 2021)