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Contract: Other | New York Southern
Order
ORDER TO SHOW CAUSE FAILURE TO PROSECUTE: On April 24, 2026, Plaintiffs were order to show case why this action should not be dismissed without prejudice for failure to prosecute pursuant to Fed. R. Civ. P. 41(b). See LeSane v.Hall's Sec. An alyst, Inc., 239 F.3d 206, 209 (2d Cir. 2001) ("[I]t is unquestioned that Rule41(b) also gives the district court authority to dismiss a plaintiff's case sua sponte for failure to prosecute..."). A response from Plaintiffs was due b y May 1, 2026. To date, Plaintiffs have made no response. Accordingly, this matter is DISMISSED without prejudice. The Clerk of Court is respectfully directed to close this case. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 5/13/2026) (jca)
Order to Show Cause
ORDER TO SHOW CAUSE-FAILURE TO PROSECUTE: On April 22, 2025, Plaintiff filed this action against Dymon Storage Corporation., alleging breach of contract or, in the alternative, recovery under promissory estoppel. To date, Defendants have not answered the Complaint. Furthermore, Plaintiff has not filed a request to enter default judgment against the Defendants. Accordingly, Plaintiff is hereby ORDERED TO SHOW CAUSE why this action should not be 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) ("[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..."). Such showing should be made by filing a written response to this Order by May 1, 2026, and sending a courtesy copy of such response to Chambers. Any failure by Plaintiff to make this showing will result in a dismissal of this case without prejudice for failure to prosecute pursuant to Fed. R. Civ. P. 41(b). Any failure of Plaintiff to comply with this Order, including a failure to make the required Order or to appear at the hearing, will result in the dismissal of the complaint without prejudice for failure to prosecute. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 4/24/2026) Show Cause Response due by 5/1/2026. (ar)
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