Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

TOP RANK, INC. v. POLLOS A LAS BRASA

United States District Court, E.D. New York


TOP RANK, INC., Plaintiff,
v.
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

ORDER

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 the Court.

  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.

  SO ORDERED.

20040907

© 1992-2004 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.