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Lauria v. Heffernan

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


November 28, 2008

CHRISTINE MCDERMOTT LAURIA, MARK RYAN, WILLIAM E. ROBINSON, KENNETH WOODHALL, STEPHANIE A. RESCH, PETER IMPAGLIAZZO, PAUL C. IMPAGLIAZZO, NEIL J. SURGENOR, STEVE VOULGARIS, ROSS GARDENLAUB, RICHARD HOLMES, WALTER KURICK, ROBERT FINN, BRYAN RAY, AND JEFF MCKAY, PLAINTIFFS,
v.
MITCHELL L. HEFFERNAN AND JAMES E. PEDRICK, DEFENDANTS.

The opinion of the court was delivered by: Spatt, District Judge.

MEMORANDUM OF DECISION AND ORDER

On October 22, 2008, the Court directed the Law Offices of Neil H. Greenberg & Associates, P.C. ("Greenberg") to serve a Court Order on Plaintiff Jeff McKay, instructing him that he must file an appearance, either pro se or through an attorney, within 30 days of receiving the Order or his claims would be dismissed for failure to prosecute under FED. R. CIV. P. 41(b). In the same Order, the Court also directed Greenberg to publish a notice in both the New York Daily News and Newsday requesting that Plaintiff, William E. Robinson ("Robinson"), appear before the Court either pro se or through an attorney by November 20, 2008. The Order provided that, in the event Robinson did not appear before the Court on or before November 20th, his claim would also be dismissed for failure to prosecute.

Greenberg served a copy of the Order upon McKay on October 27, 2008. Since thirty days have passed from the date of service without an appearance by McKay, the Court dismisses his claims, with prejudice, for his failure to prosecute the action. Likewise, with the notice having been published as directed, because Robinson failed to appear on or before November 20, 2008, the Court dismisses his claims, with prejudice, for his failure to prosecute the action.

III. CONCLUSION

Based on the foregoing, it is hereby ORDERED, that Plaintiff Jeff McKay's claims are dismissed for failure to prosecute, and it is further

ORDERED, that Plaintiff William E. Robinson's claims are dismissed for failure to prosecute, and it is further

ORDERED, that the amended caption should read as follows:

SO ORDERED.

ARTHUR D. SPATT United States District Judge

20081128

© 1992-2008 VersusLaw Inc.



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