Yellow River Contractors v. International Tractor Co.

Full title: YELLOW RIVER CONTRACTORS J.V., Plaintiff, v. INTERNATIONAL TRACTOR CO.…

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

Date published: Dec 3, 2002

02 Civ. 6158 (LAK) (S.D.N.Y. Dec. 3, 2002)

Opinion

02 Civ. 6158 (LAK)

December 3, 2002.

ORDER

LEWIS A. KAPLAN, United States District Judge

At a pretrial conference held on October 28, 2002, counsel for both sides appeared. Defense counsel advised that his client did not intend to put in a defense — the case either would be settled or plaintiff would take a default judgment. A further conference was scheduled for November 12, 2002.

Only plaintiff's counsel appeared for the November 12 conference at which time he was told that it would be unnecessary to remain for a conference and that he was to apply for a default judgment by November 15. Plaintiff, however, has taken no further steps to proceed with the case.

Accordingly, this action is dismissed for lack of prosecution.

SO ORDERED.