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A27

03/28/19 8:08 PM

#25417 RE: Reaper 25 #25415

So there is an order to show cause. Where LG has 2 options stated at the bottom of the paragraph...

ORDER TO SHOW CAUSE: On September 20, 2018 this Court granted Defense Attorney Mark R. Basile's request to withdraw as counsel and ordered Defendant Windstream Technologies, Inc. to file a notice of appearance of new counsel within 60 days. (ECF No. 38.) To date, Defendant has not done so despite a second Court Order dated January 15, 2019 directing Defendant again to file a notice of appearance of new counsel within 30 days of the date of that Order, (ECF No. 40). Accordingly, Plaintiff is hereby ORDERED TO SHOW CAUSE why their cause of action against Defendant should not be dismissed for failure to prosecute. See Lyell Theatre Corp. v. Loews Corp., 682 F.2d 37, 42 (2d Cir. 1982) (holding that a district court's authority to dismiss an action for plaintiff's failure to prosecute "cannot seriously be doubted"). If within 15 days of this Order, Plaintiff fails either to (1) show cause, or (2) move for default judgment against Defendant, Plaintiff's cause of action against Defendant shall be dismissed for failure to prosecute. Plaintiff's showing of good cause, if any, shall be made by affidavit. SO ORDERED. (Signed by Judge Deborah A. Batts on 3/28/2019) (rro) (Entered: 03/28/2019)