MEMORANDUM & ORDER Plaintiff Jose Buezo Flores commenced the above-captioned action on June 9, 2023, against Defendants Mario’s Pizzeria of Oyster Bay (“Mario’s Pizzeria”) and Isidoros Spanos, alleging that Defendants willfully violated the prevailing overtime wages provision of the Fair Labor Standards Act, 29 U.S.C. §201 et seq. (“FLSA”), and the prevailing wages, overtime wages, wage notice, and wage statement provisions of the New York Labor Law §§190 et seq. (“NYLL”). (Compl., Docket Entry No. 1.) Currently before the Court is Defendants’ motion to dismiss the Complaint for failure to prosecute under Rule 41(b) of the Federal Rules of Civil Procedure, for insufficient service of process under Rule 12(b)(5), and for lack of subject matter jurisdiction under Rule 12(b)(1).1 Plaintiff failed to oppose Defendants’ motion by the Court’s deadline of February 2, 2024, and has still not appeared to defend this action. (See Scheduling Order dated Jan. 5, 2024.) For the reasons set forth below, the Court grants Defendants’ motion and dismisses the action without prejudice for failure to prosecute.2 I. Background Plaintiff filed his Complaint on June 9, 2023. (Compl.) Defendants first responded to Plaintiff’s Complaint with a timely filed consent motion for extension of time to file a response, seeking “to investigate the facts and circumstances of the Plaintiff’s Complaint.” (Consent Mot. for Extension of Time to File, Docket Entry No. 9.) On August 29, 2023, over two months after the Complaint was filed, Plaintiff’s counsel moved to withdraw from the case. (See Mot. to Withdraw as Att’y (“Att’y's Mot.”), Docket Entry No. 12.) Plaintiff’s counsel explained that he and his paralegal had been attempting to contact Plaintiff “multiple times per week between November 11, 2022, and August 24, 2023,” but that “[a]t all times, the phone number ha[d] been disconnected.” (Id. 2.) Counsel “also attempted to contact Plaintiff through USPS mailing” as recently as August 10, 2023, but “Plaintiff ha[d] not responded to any of the aforementioned communications.” (Id.
