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V.F. Garment, Inc. v. Seaboard Atlantic Garment

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


March 31, 2010

V.F. GARMENT, INC., PLAINTIFF,
v.
SEABOARD ATLANTIC GARMENT, INC.; SEABOARD GRAPHIC SERVICES, LLC; GERALD WILSON, A/K/A GERRY WILSON, INDIVIDUALLY; DENNIS WILSON, INDIVIDUALLY; AND AMERICAN FASHION NETWORK, LLC, DEFENDANTS.
CENTURY GARMENT, INC. PLAINTIFF,
v.
SEABOARD ATLANTIC GARMENT, INC.; SEABOARD GRAPHIC SERVICES, LLC; AMERICAN FASHION NETWORK, LLC; GERALD WILSON, A/K/A GERRY WILSON, AND INDIVIDUALLY; DENIS WILSON, INDIVIDUALLY, DEFENDANTS.

The opinion of the court was delivered by: Hon. Norman A. Mordue, Chief U.S. District Judge

ORDER OF DISMISSAL

On February 26, 2010, the Court granted withdrawal of counsel for plaintiffs, instructed plaintiffs to appear by counsel within 30 days, and advised plaintiffs that failure to do so would result in dismissal of these actions. On March 29, 2010, plaintiff's counsel filed a certificate stating that on March 4, 2010 she served a copy of the Court's February 26, 2010 Decision and Order by international registered mail to Anita Wong, owner of V.F. Garment, and that as of March 29, 2010, it had not been returned to her office as undeliverable. (Case No. 5:05-CV-1137, Dkt. No. 104). Also on March 29, 2010, plaintiff's counsel filed a certificate stating that on March 4, 2010 she served a copy of the Court's February 26, 2010 Decision and Order by international registered mail to Jeanne Tam, owner of Century Garment, Inc., and that on March 18, 2010, the letter was returned to her office as undeliverable. (Case No. 5:05-CV-1431, Dkt. No. 92). Due notice having been given to plaintiffs that the above-entitled actions would be dismissed for failure to prosecutepursuant to Fed. R. Civ. P. 41(b)if they failed to appear by new counsel within 30 days, and upon consideration of the factors set forth in Lewis v. Rawson, 564 F.3d 569, 576 (2d Cir. 2009)*fn1 , and plaintiffs having failed to appear by counsel within 30 days, and no cause appearing why said cases should not be dismissed for failure to prosecute, it is hereby,

ORDERED that the above-entitled actions are DISMISSED pursuant to Fed. R. Civ. P. 41(b); and it is further

ORDERED that the Clerk enter judgment accordingly.

IT IS SO ORDERED.


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