United States District Court, E.D. New York
TOP RANK, INC., Plaintiff,
POLLOS A LAS BRASA, DON ALEX, INC., dba DON ALEX RESTAURANT, JAVI OTTORE, Defendants.
The opinion of the court was delivered by: STERLING JOHNSON, JR., District Judge
This action was commenced on August 29, 2001. Affidavits of
service filed with this Court on September 5, 2001 indicate that
Defendants were served on August 31, 2001. Answers were never
filed in this case.
On May 9, 2002, after Plaintiff represented to this Court that
he intended to move for entry of default judgment against
Defendants, this Court directed Plaintiff to file his motion for
entry of default by June 7, 2002. The Court noted that failure to
file the motion by that date would result in dismissal of the
complaint for failure to prosecute. On June 24, 2002, after
Plaintiff failed to comply with the Court's May 9, 2002 order,
the Court issued an Order of Discontinuance without prejudice. On October 18, 2002, the Court granted Plaintiff's request to submit
a motion for default judgment within 30 days. Once again,
Plaintiff failed to comply with the Court's order. Plaintiff
ultimately submitted a motion for default judgment to the Court
on December 10, 2002 well past the 30 day extension granted by
Plaintiff has twice failed to file a motion for default
judgment by the date set by the Court. Therefore, the complaint
is dismissed for failure to prosecute. The Clerk of the Court is
directed to close this case.
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