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Min v. XTRA LLC

United States District Court, Eastern District of New York

April 29, 2015

KUNG MIN
v.
XTRA, LLC JOSEPH BURKE

FOR PLAINTIFF(S): KWANGSOO KIM, ESQ.

FOR DEFENDANT(S): ELIAS ABILHEIRA, ESQ.

ORDER OF DISMISSAL FOR FAILURE TO PROSECUTE ADOPTING REPORT & RECOMMENDATION

JOANNA SEYBERT, U.S.D.J.

The above-captioned case was opened with its removal from New York State Supreme Court, Nassau County, on Oct. 28, 2013.

Defense counsel filed a Motion to dismiss [17] on Jan. 12, 2 015, in which failures to fully participate in discovery were alleged. A response [18] was filed on Jan. 15, 2 015, on the letterhead of plaintiff's counsel by an attorney whose name does not appear on the docket. Magistrate Judge Arlene Rosario Lindsay was not persuaded by the opposition, and she issued a Report & Recommendation [19] on Feb. 11, 2015, for dismissal of the case. No objection has been filed.

IT IS HEREBY ORDERED that the case be DISMISSED without prejudice for lack of prosecution, pursuant to Rule 41{b), Federal Rules of Civil Procedure. Motion [17] is GRANTED. Report & Recommendation [19] is ADOPTED in its entirety.

The Clerk of Court is directed to enter judgment and mark the case closed.

SO ORDERED.


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