JTH Tax, Inc. v. Sawhney

Opinion

UNITED STATES DISTRICT COURT : SOUTHERN DISTRICT OF NEW YORK □□

JTH Tax, Inc. d/b/a Liberty Tax Service and He NOV 2 6 □□□□□ Siempretax+ LLC, Sere ae □□ □□

Plaintiffs, 19-CV-4035 (AJN) —v— ORDER Pawanmeet Sawhney, Defendant.

ALISON J. NATHAN, District Judge: Pursuant to the Court’s October 2, 2019 Order, Plaintiffs were to move for default judgment by October 24, 2019. See Dkt. No. 28. As of the date of this Order, the Court is not receipt of Plaintiffs’ motion. Plaintiffs are hereby ordered to move for default judgment by December 9, 2019. If Plaintiffs do not move for default judgment by this deadline, then the Court will dismiss this action for failure to prosecute without further notice. 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”). Within 2 days, Plaintiffs shall serve this Order on Defendant and file an affidavit of service on the public docket. SO ORDERED. i Dated: November ye , 2019 {| New York, New York :ALISON J. NATHAN United States District Judge

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