Prospero Tire Export, Inc. v. Maersk Line, Ltd

Opinion

pares □□□ DATE FILED: _ 4/14/20 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

PROSPERO TIRE EXPORT, INC., ET AL.,

Plaintiffs, 1:19-cv-008350 (ALC) -against- ORDER MAERSK LINE A/S and WESTSIDE EXPORTS LLC, Defendants. ANDREW L. CARTER, JR., United States District Judge: This action was commenced in the District of Puerto Rico. On July 30, 2019, the District of Puerto Rico issued an order granting Plaintiffs Multi Recycling & Manufacturing Corp. and JDJ Recycling Guayama, Corp. (“Plaintiffs”) a period of 30 days to retain new counsel. ECF No. 52. The Order stated, “failure to comply with this order shall result in dismissal without prejudice of their claims.” /d. To date, Plaintiffs have not retained new counsel. Accordingly, these Plaintiffs’ claims are dismissed without prejudice for failure to prosecute pursuant to Fed. R. Civ. P. 41(b). See LeSane v. Hall's Sec. Analyst, Inc., 239 F.3d 206, 209 (2d Cir. 2001) C[I]t is unquestioned that Rule 41(b) also gives the district court authority to dismiss a plaintiff's case sua sponte for failure to prosecute ...”). SO ORDERED. [Apache J (he ) Dated: April 14, 2020 New York, New York ANDREW L. CARTER, JR. United States District Judge