KARECKI v. TEAMSTERS LOCAL 210 AFFILIATED HEALTH AND INSURANCE FUND

Filing 27

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 26 Report and Recommendations, that Plaintiffs Complaint [Docket Entry No. 1] is hereby dismissed withoutprejudice. ***CIVIL CASE TERMINATED. Signed by Judge Jose L. Linares on 3/26/15. (DD, )

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

MARIA KARECKI,

Civil Action No.: 13-3105 (JLL)(JAD)
Plaintiff,

v.

ORDER

TEAMSTERS LOCAL 210 AFFILIATED
HEALTH AND INSURANCE FUND,
Defendants.
THIS MATTER comes before the Court by way of United States Magistrate Judge Joseph

A. Dickson’s February 23, 2015 Report and Recommendation [Docket Entry No.
26],
recommending that the undersigned dismiss Plaintiffs Complaint [Docket Entry No. 1] withou
t
prejudice for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). Magis
trate
Judge Dickson filed his Report and Recommendation pursuant to 28 U.S.C. 636 (b)(1)(B).
In
§
particular, Magistrate Judge Dickson recommended that Plaintiff’s Complaint be dismissed,
without prejudice, because Plaintiffs conduct has made it impossible to adjudicate her Complaint.
Specifically, Plaintiff has now violated multiple, consecutive Court Orders and has essenti
ally
made it impossible for the Court or the Defendant to move forward with this litigation. Magis
trate
Judge Dickson goes on to state that Plaintiff has: (1) been consistently dilatory; (2) prejud
iced
Defendant; and (3) shown willful conduct with respect to its failure to comply with the Orders
of
this Court. Moreover, Judge Dickson noted that, given that Plaintiff has already disregarded
the
Court’s warning that it would recommend dismissal if Plaintiff failed to comply with the
Court’s
February 5, 2015 Order, Judge Dickson found that no sanction, short of dismissal, would
be
effective in these circumstances. Judge Dickson posited that Plaintiff would likely continu
e to
ignore any sanction short of dismissal, leading to additional delay. To date, the Court has
received
no objections with respect to Magistrate Judge Dickson’s February, 23 2015
Report and
Recommendation, and for good cause shown,
IT IS on this

day of March, 2015

ORDERED that the Report and Recommendation of Magistrate Judge Dickson, filed
on
February 23, 2015 [Docket Entry No. 261, is hereby ADOPTED as the findings
of fact and

conclusions of law of this Court; and it is further
ORDERED that Plaintiffs Complaint [Docket Entry No. 1] is hereby dismissed without
prejudice.
IT IS SO ORDERED
L.
1
Jos’ Linares
United States District Judge