Guglielmo v. Collette Travel Service, Inc. ( 2020 )

DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT ae a SOUTHERN DISTRICT OF NEW YORK ee Joseph Guglielmo, Plaintiff, 20-cv-2454 (AJN) ORDER Collette Travel Service, Inc., Defendant. ALISON J. NATHAN, District Judge: According to the affidavit of service filed on April 30, 2020, Defendant’s answer or other response to the Complaint for was due on or before either April 16, 2020. Dkt. No. 6. As of this date, the Court is not in receipt of answers from Defendant. Within two weeks of the date of this order, Plaintiffs shall seek a certificate of default and move for default judgment against Defendant, pursuant to this Court’s Individual Practices in Civil Cases, or file a status update with the Court explaining why a motion for default judgment should not be filed at this time. Plaintiff is on notice that failure to do so by this date may result in his claims being dismissed with prejudice for failure to prosecute. See United States ex rel. Drake v. Norden Systems, 375 F.3d 248, 250 (2d Cir. 2004) (noting “a district judge’s authority to dismiss actions based on a plaintiff's failure to prosecute”). Additionally, Plaintiff must serve this order on Defendant and file an affidavit of service on ECF by June 17, 2020. SO ORDERED. Dated: June 10, 2020 AM \) kf New York, New York ALISON J. NATHAN United States District Judge