Shad v. Slow Dancing Music, Inc.
District Court, S.D. New York
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
SPRIZZO, District Judge.
Defendant Slow Dancing Music, Inc. (“Slow Dancing”), brings the instant motion to dismiss for failure to prosecute pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. Plaintiff Molly Shad (“Shad”) opposes the motion arguing that the delay was the product of settlement negotiations, that she received no prior warning regarding her failure to pursue the action, and that lesser sanctions are available. For the reasons discussed below, Slow Dancing’s motion to dismiss is granted.
BACKGROUND
Shad commenced the instant action on January…
2Cases cited4 opinions
- Link v. Wabash RailroadSupreme Court of the United States · 1962
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- Lynda Peart v. City of New York, New York City Police Department, Raymond Kelly, David DinkinsCourt of Appeals for the Second Circuit · 1993
- Shannon v. General Electric Co.Court of Appeals for the Second Circuit · 1999
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