Summary
dismissing complaint for failure to prosecute when the plaintiff twice failed to file a motion for default judgment by the date set by the Court
Summary of this case from Feng Chen v. PatelOpinion
No. 01 CV 5890 (SJ).
September 7, 2004
MORSE GELLER, ESQ., West Hempstead, NY, Attorney for Plaintiff.
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.