Brown v. JP Morgan Chase Bank, N.A.

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS, Neither party has objected to the R&R, and the time for doing so has passed. The Court has reviewed the record and, finding no clear error, hereby adopts the Magistrate Judge Bloom's R&R as the opinion of the Court. Accordingly, the Court affords Brown 30 days from the date of this Order to file an amended complaint. The amended complaint should specifically address the issues of timeliness identified in the R&R with respect to the filing of her co mplaint with the EEOC and the filing of this lawsuit. The inclusion of a copy of Brown's EEOC charge may be helpful in this regard. In reviewing her 12/26/12 submission, the Court cautions Brown that she should carefully review Magistrate Judge Bloom's discussion of the timeliness issues to ensure that she covers those concerns in her amended complaint. If Brown fails to amend her complaint within 30 days from the date of this Order, the Court will dismiss the case. If Brown amends her complaint, deft is permitted to renew its motion or to respond to the amended complaint as it deems appropriate. (Ordered by Chief Judge Carol Bagley Amon on 12/28/2012) c/m (Galeano, Sonia)

-.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

------------------------------------------------------------------x

ANDREA R. BROWN,

NOT FOR PUBLICATION
MEMORANDUM & ORDER
12-CV-00544 (CBA) (LB)

Plaintiff,

-against JPMORGAN CHASE BANK, N.A.,
Defendant.

--------------------------------------------------------------------x
AMON, Chief United States District Judge.

On February 1, 2012, plaintiff Andrea Brown, proceeding prose, commenced this action
against defendant JPMorgan Chase Bank, N.A. pursuant to the Americans with Disabilities Act
of 1990,42 U.S.C. § 12101 et seg. ("ADA"). On April2, 2012, defendant moved to dismiss
Brown's complaint as time-barred. The Court referred the motion to Magistrate Judge Lois
Bloom for report and recommendation.
On November 29,2012, Magistrate Judge Bloom issued a Report and Recommendation
(R&R) recommending that the Court grant defendant's motion to dismiss but afford Bro'Nll thirty
days to amend her complaint to address the timeliness issues identified in the R&R. The R&R
further recommends that if Bro'Nll fails to file an amended complaint within thirty days that the
Court dismiss the case, and that if Bro'Nll does amend her complaint, that defendant be allowed
to renew its motion or respond to the amended complaint as it deems appropriate. (DE #15.)
Neither party has objected to the R&R, and the time for doing so has passed. On
December 26, 2012, Bro'Nll filed a response to the R&R, but did not object to its
recommendations. Rather, the submission appears to accept the R&R's conclusions, providing
additional background information, outlining the allegations and attachments she intends to
include in an amended complaint, and requesting leave to file an amended complaint. (DE #16.)
I

.
..

.

•

When deciding whether to adopt a R&R, a district court "may accept, reject, or modify,
in whole or in part, the findings or recommendations made by the magistrate judge." 28 U .S.C.
§ 636(b)(l)(C). To accept those portions of the R&R to which no timely objection has been
made, "a district court need only satisfy itself that there is no clear error on the face of the
record." Jarvis v. N. Am. G1obex Fund. L.P. 823 F. Supp. 2d 161, 163 (E.D.N.Y. 2011) (internal
quotation marks and citation omitted). The Court has reviewed the record and, finding no clear
error, hereby adopts Magistrate Judge Bloom's R&R as the opinion of the Court.
Accordingly, the Court affords Brown thirty (30) days from the date of this Order to file
an amended complaint. The amended complaint should specifically address the issues of
timeliness identified in the R&R with respect to the filing of her complaint with the Equal
Employment Opportunity Commission ("EEOC") and the filing of this lawsuit. The inclusion of
a copy of Brown's EEOC charge may be helpful in this regard. In reviewing her December 26,
2012 submission, the Court cautions Brown that she should carefully review Magistrate Judge
Bloom's discussion of the timeliness issues to ensure that she covers those concerns in her
amended complaint. If Brown fails to amend her complaint within thirty (30) days from the date
of this Order, the Court will dismiss the case. If Brown amends her complaint, defendant is
permitted to renew its motion or to respond to the amended complaint as it deems appropriate.
SO ORDERED.
Dated: Brooklyn, New York
December
20 12

.2B',

- Carol Bag!~/
Chief United States District Judge

Amo"JY7

2