People of The State of New York v. Debt Resolve, Inc.

Opinion

ELECTRONICALLY FIL! DOC #: □□ DATE FILED:_7/28/20 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

The People of the State of New York, Plaintiff, 18-cv-9812 (AJN) —y— ORDER Debt Resolve, Inc., et al., Defendants.

ALISON J. NATHAN, District Judge: As noted in the Stipulated Final Judgment & Order between Plaintiff and Defendants Debt Resolve, Inc., Student Loan Care, LLC, Progress Advocates, LLC, Bruce Bellmare, and Stanley E. Freimuth, “[Plaintiff’s] case against Defendant Hutton Ventures, LLC will continue.” Dkt. No. 162, at 2. Plaintiff received a certificate of default against Defendant Hutton Ventures, LLC on May 6, 2019. See Dkt. No. 100. Nevertheless, Plaintiff never subsequently moved for default judgment. Within two weeks of this order, Plaintiff shall move for default judgment against Defendant Hutton Ventures, LLC, 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 against Defendant should not be filed at this time. Plaintiff is on notice that failure to do so by this date may result in the 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 plaintiffs failure to prosecute”).

SO ORDERED.

Dated: July __2_8__, 2020 New York, New York __________________________________ ALISON J. NATHAN United States District Judge