ROSS-TIGGETT v. REED SMITH, LLP et al

Filing 170

ORDER that Plaintiff's appeal of Judge Donio's March 26, 2019 Order 157 is DISMISSED; Judge Donio's report and recommendation regarding the pending motion to dismiss 164 is ADOPTED IN PART and MODIFIED IN PART; Defendants' mot ion to dismiss 151 is GRANTED IN PART and DENIED WITHOUT PREJUDICE IN PART; the parties shall appear in-person before Judge Donio on October 16, 2019 at 11:00am in Courtroom 3B for a status and scheduling conference. Signed by Judge Renee Marie Bumb on 9/26/2019. (tf, n.m.)

[Docket Items 151, 157, 164]
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

LA MECIA ROSS-TIGGETT,

HONORABLE RENÉE MARIE BUMB

Plaintiff,
Civil Action
No. 15-8083 (RMB-AMD)

v.
REED SMITH LLP, et al.

ORDER
Defendants.

This matter comes before the Court by way of a Report and
Recommendation filed by Magistrate Judge Ann Marie Donio regarding
the pending motion to dismiss for failure to prosecute filed by
all Defendants [Docket Items 151 & 164] and by way of Plaintiff’s
appeal of an Order filed by Judge Donio on March 26, 2019,
regarding

Plaintiff’s

Plaintiff

having

motion

timely

filed

Recommendation

[Docket

response

Plaintiff’s

to

to

Item

compel

objections

166];

[Docket
to

Defendants

objections

to

the

Item

Report

having

the

157];
and

filed

Report

a

and

Recommendation [Docket Item 168]; Defendant having timely filed
opposition to Plaintiff’s appeal of Judge Donio’s Order [Docket
Item 158]; Plaintiff having filed a reply brief thereto [Docket
Item 159]; the Court having held oral argument pertaining to these
matters on September 26, 2019; for the reasons set forth on the
record during the hearing of September 26, 2019;

IT IS this

26th

day of

September

2019, hereby

ORDERED that Plaintiff’s appeal of Judge Donio’s March 26,
2019 Order [Docket Item 157] shall be, and is hereby, DISMISSED;
and it is further
ORDERED

that

Judge

Donio’s

report

and

recommendation

regarding the pending motion to dismiss [Docket Item 164] shall
be, and is hereby ADOPTED IN PART and MODIFIED IN PART; and it is
further
ORDERED that Defendants’ motion to dismiss [Docket Item 151]
shall be, and is hereby, GRANTED IN PART and DENIED WITHOUT
PREJUDICE IN PART; and it is further
ORDERED that this case shall not be dismissed at this time;
and it is further
ORDERED that Plaintiff shall not be permitted to use any
“notes” or audio recordings that were the subject of Judge Donio’s
prior orders to compel discovery at trial or in any further
proceeding in this case; and it is further
ORDERED that, as a further sanction, Plaintiff is hereby given
one “last warning” that any further violation by Plaintiff of any
discovery order, scheduling order, or any other deadline set by
this

Court

or

by

Judge

Donio

shall

automatically

result

in

dismissal of this case with prejudice, absent a showing of good
cause; and it is further

2

ORDERED that the parties shall appear in-person before Judge
Donio on October 16, 2019 at 11:00am in Courtroom 3B for a status
and scheduling conference.

s/ Renée Marie Bumb
RENÉE MARIE BUMB
United States District Judge

3