UNITED STATES DISTRICT COURT EDLOECC #T:R ONIC ALLY FILED SOUTHERN DISTRICT OF NEW YORK DATE FILED: 1/23/2 023 KEVIN YAN LUIS, on behalf of himself and all others similarly situated, Plaintiff, 1:22-cv-8582-MKV -against- ORDER OF DISMISSAL ANCESTRAL SUPPLEMENTS, LLC, Defendant. MARY KAY VYSKOCIL, United States District Judge: Plaintiff initiated this action by filing a complaint on October 7, 2022. [ECF No. 1]. An Affidavit of service of summons and complaint was filed on the docket on December 8, 2022. [ECF No. 5]. According to that summons, Defendant’s response to the complaint was due December 19, 2022. [ECF No. 4]. When no response was timely filed, and Plaintiff failed to prosecute his case, the Court ordered Plaintiff to file a letter by January 18, 2023 showing cause why this case should not be dismissed pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. [ECF No. 6]. To date, no letter has been filed. Accordingly, IT IS HEREBY ORDERED that the above-captioned action is discontinued for failure to prosecute without costs to any party and without prejudice to restoring the action to this Court’s calendar if the application to restore the action is made by February 23, 2023. If no such application is made by that date, today’s dismissal of the action is with prejudice. See LeSane v. Hall’s Sec. Analyst, Inc., 239 F.3d 206, 209 (2d Cir. 2001) (citing Link v. Wabash R.R. Co., 370 U.S. 626, 630 (1962)). SO ORDERED. | i / . Date: January 23, 2023 MARY kav “abo New York, NY United States District Judge