Order | Filed: August 02, 2022
| Entered: August 02, 2022
Jurcev v. Citibank, N.A. et al
Contract: Other | New York Eastern
Judgment - Clerk
CLERK'S JUDGMENT: ORDERED AND ADJUDGED that plaintiff Adriana Jurcev take nothing of defendants Citibank N.A., Bank of Thailand, Ltd., Bangkok Bank Public Company Limited, P.C. Solutions, Inc., and McAfee, Inc.; that defendant's motion to dismiss is granted; that this action is dismissed for plaintiffs failure to prosecute and to comply with Orders of the court; and that this case is closed.Ordered by Clerk of Court on 8/2/2022. (Toritto, Jim)
Order | Filed: August 02, 2022
| Entered: August 02, 2022
Jurcev v. Citibank, N.A. et al
Contract: Other | New York Eastern
Order on Motion to Dismiss/Lack of Prosecution
ORDER granting 12 Motion to Dismiss for Lack of Prosecution: By Electronic Order dated July 13, 2022, this Court directed plaintiff's counsel to file a complaint by July 22, 2022. Plaintiff was warned that failure to do so may result in a dismissal for failure to prosecute.
Rather than file a complaint, plaintiff's counsel instead filed two letters seeking remand of this matter to state court. The Court denied those letter motions in an Electronic Order dated July 21, 2022 and extended plaintiff's deadline to file a complaint until July 29, 2022. The Court again warned that failure to timely file a complaint will result in a dismissal for failure to prosecute.
To date, plaintiff has failed to file any complaint or seek an extension of time to do so.
A district court may dismiss an action pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for, inter alia, failure to prosecute or to comply with a court order. See Lewis v. Rawson, 564 F.3d 569, 575 (2d Cir. 2009) (holding that Rule 41(b) explicitly sanctions dismissal of an action for failure to prosecute); U.S. ex rel. Drake v. Norden Systems, Inc., 375 F.3d 248, 250 (2d Cir. 2004) (holding that a district judge's authority to dismiss an action based upon a plaintiff's failure to prosecute is expressly recognized by Rule 41(b)). In light of plaintiff's repeated failure to comply with the Court's orders, the Court finds that dismissal on such grounds is appropriate here.
Accordingly, this action is dismissed for plaintiff's failure to prosecute and to comply with the Orders of the Court. The Clerk of the Court is respectfully directed to close the case. Ordered by Judge Gary R. Brown on 8/2/2022. c/ecf (Cowan, Timothy)