Smith v. Gutierres

• Court: District Court, S.D. New York
• Decided: July 1, 2022
• Docket: 1:21-cv-06086
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------------x : JASON M. SMITH, : Plaintiff, : No. 21-CV- 6086 (RA) (OTW) : -against- : ORDER : JIMMY GUTIERRES, et al., : : Defendants. : : -------------------------------------------------------------x ONA T. WANG, United States Magistrate Judge: The parties are directed to appear for an in-person status conference on August 9, 2022 at 11:00am in Courtroom 20D, at 500 Pearl Street, New York, NY 10007. The parties must be prepared to meet and confer on the status of discovery, including what discovery is outstanding. Pro se Plaintiff is cautioned that if he fails to appear, his case may be dismissed for failure to prosecute.1 Defense counsel is directed to send a copy of this Order to pro se Plaintiff and file proof of service on the docket. SO ORDERED. s/ Ona T. Wang Dated: New York, New York Ona T. Wang July 1, 2022 United States Magistrate Judge

1 Courts have the power, under Rule 41, to dismiss a case for failure to comply with court orders, treating such noncompliance as a failure to prosecute. See Simmons v. Abuzzo, 49 F.3d 83, 87 (2d Cir. 1995). “ Courts have repeatedly found that dismissal of an action is warranted when a litigant . . . fails to comply with legitimate court directives.” Robinson v. Sposato, No. 13-CV-3334 (JFB) (WBW), 2014 WL 1699001, at *1 (E.D.N.Y. Apr. 24, 2014) (quotations omitted).