Kuykendall v. Bankrs Healthcare Group LLC

S.D. New York

Kuykendall v. Bankrs Healthcare Group LLC

DecidedNovember 7, 2024

Docket1:24-cv-03694

StatusUnknown

This text of Kuykendall v. Bankrs Healthcare Group LLC (Kuykendall v. Bankrs Healthcare Group LLC) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kuykendall v. Bankrs Healthcare Group LLC, (S.D.N.Y. 2024).

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Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MICHAEL KUYKENDALL, Plaintiff, -against- 24-cv-3694 (AS) BANKRS HEALTHCARE GROUP LLC and ORDER TD BANK USA, N.A., Defendants.

ARUN SUBRAMANIAN, United States District Judge: Plaintiff initiated this suit by notice and summons in state court. Dkt. 1 ¥ 1. Defendant TD Bank removed the suit to federal court on May 14, 2024. Dkt. 1. Plaintiff has not filed a notice of appearance or responded to TD Bank’s motion to dismiss, despite the Court’s warning that his continued inaction would lead to dismissal. Dkt. 32. The Court can’t adjudicate a case without a plaintiff or a complaint. By November 30, 2024, plaintiff must file an appearance in this case. If he does not do so, the case will be dismissed for failure to prosecute. See McLean v. City of New York, 2007 WL 415138, at *4 (S.D.N.Y. Feb. 6, 2007) (“A court should not have to beg the parties before it to litigate the cases they initiate.”). This is plaintiff's final warning. Defendant is hereby ORDERED to serve this order on plaintiff by certified mail by November 8, 2024, and file proof of service on the docket.

SO ORDERED. Dated: November 7, 2024 New York, New York

ARUN SUBRAMANIAN United States District Judge

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MICHAEL KUYKENDALL, Plaintiff, -against- 24-cv-3694 (AS) BANKRS HEALTHCARE GROUP LLC and ORDER TD BANK USA, N.A., Defendants.

ARUN SUBRAMANIAN, United States District Judge: Plaintiff initiated this suit by notice and summons in state court. Dkt. 1 ¥ 1. Defendant TD Bank removed the suit to federal court on May 14, 2024. Dkt. 1. Plaintiff has not filed a notice of appearance or responded to TD Bank’s motion to dismiss, despite the Court’s warning that his continued inaction would lead to dismissal. Dkt. 32. The Court can’t adjudicate a case without a plaintiff or a complaint. By November 30, 2024, plaintiff must file an appearance in this case. If he does not do so, the case will be dismissed for failure to prosecute. See McLean v. City of New York, 2007 WL 415138, at *4 (S.D.N.Y. Feb. 6, 2007) (“A court should not have to beg the parties before it to litigate the cases they initiate.”). This is plaintiff's final warning. Defendant is hereby ORDERED to serve this order on plaintiff by certified mail by November 8, 2024, and file proof of service on the docket.

SO ORDERED. Dated: November 7, 2024 New York, New York

ARUN SUBRAMANIAN United States District Judge

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Bluebook (online)

Kuykendall v. Bankrs Healthcare Group LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kuykendall-v-bankrs-healthcare-group-llc-nysd-2024.