Opinion
23-CV-8100 (KMK)
11-04-2024
WILLIAM TACON, as administrator of Caribbean Commercial Investment Bank Ltd., Plaintiff, v. ROBERT CROMWELL, and SARIT L. ROZYCKI, Defendants.
ORDER OF DISMISSAL
KENNETH M. KARAS, UNITED STATES DISTRICT JUDGE
On September 24, 2024, the Court issued an Opinion and Order granting Defendants' Motion to Dismiss Plaintiff's Amended Complaint without prejudice. (See generally Opinion & Order (Dkt. No. 47).) The Court instructed Plaintiff that if he wished to file a second amended complaint, he must do so within thirty days of the Opinion & Order, and that failure to properly and timely amend would likely result in dismissal of the claims against Defendants with prejudice. (Id. at 35-37.) Plaintiff did not file a second amended complaint with the thirty days following the issuance of the Opinion & Order. (See generally Dkt.)
On October 28, 2024, the Court issued an Order to Show Cause directing Plaintiff to, within thirty days, either file a second amended complaint or show cause as to why there would be no such filing. (Dkt. No. 50.) That same day, Plaintiff's counsel filed a letter with the Court advising that Plaintiff would not be filing a second amended complaint, as Plaintiff is instead in the process of pursuing a separate suit against Defendants in a different forum. (See Dkt. No. 49.)
Accordingly, it is hereby:
ORDERED that Plaintiff's Complaint is dismissed without prejudice. See Turk v. Rubbermaid Inc., No. 21-CV-270, 2022 WL 1228196, at *1 (S.D.N.Y. Apr. 26, 2022) (“The Court has the authority to dismiss a case . . . if a plaintiff ‘fails to prosecute. . . .'”); LeSane v. Hall's Sec. Analyst, Inc., 239 F.3d 206, 209 (2d Cir. 2001) (recognizing that a district court has the inherent authority to dismiss for failure to prosecute sua sponte).
The Clerk of Court is respectfully directed to close the case and mail a copy of this Order to Plaintiff's address.
SO ORDERED.