Cummings v. Topco Associates, LLC

Opinion

USDC-SDNY DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT DOC#: SOUTHERN DISTRICT OF NEW YORK DATE FILED: 02/22/2021

GLYNNIS WYNN and KATELYNN EDGERLY, individually and on behalf of all others similarly situated, Plaintiffs, No. 19-CV-11104 (RA) ORDER v. TOPCO ASSOCIATES, LLC, Defendant.

RONNIE ABRAMS, United States District Judge: On January 19, 2021, the Court granted Defendant’s motion to dismiss Plaintiffs’ first amended complaint. See Dkt. 44; Wynn v. Topco Assocs., LLC, 2021 WL 168541 (S.D.N.Y. Jan. 19, 2021). The Court granted Plaintiffs leave to file a second amended complaint to cure the deficiencies identified in the opinion and order. Any amended complaint was to be filed no later than February 19, 2021, and the Court stated that “[f]ailure to file an amended complaint by that date will result in dismissal of this case with prejudice.” That date having passed without the filing of an amended complaint, this action is hereby dismissed with prejudice. The Clerk of Court is respectfully directed to enter judgment for Defendant and to close this case. SO ORDERED. Dated: February 22, 2021 i] New York, New York ko ( p / _ Ronnie Abrams United States District Judge