Baddoo v. New Century Financial Services, Inc.

Filing 20

DECISION AND ORDER: No party has filed objections to the Report and Recommendation in this action. The Court finds that there was no clear error in the Report and Recommendation's determination that this case should be dismissed with prejudice f or failure to prosecute. The Court therefore ADOPTS Magistrate Judge Gold's Report and Recommendation in its entirety, and DISMISSES this action with prejudice for failure to prosecute. Ordered by Judge William F. Kuntz, II on 10/3/2016. (Rodriguez, Lori)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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ELIZABETH N. BADDOO,

Plaintiff,

DECISION AND ORDER
14-CV-2667 (WFK) (SMG)

v.
NEW CENTURY FINANCIAL SERVICES, INC.
Defendant.

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WILLIAM F. KUNTZ, II United States District Judge:
On April 28, 2014, Elizabeth Baddoo ("Plaintiff') commenced this action against New
Century Financial Services, Inc. ("Defendant"). ECF No. 1. On September 22, 2014, Magistrate
Judge Steven Gold held an initial conference, in which he directed Plaintiff to serve Defendant
with a proposed amended complaint by October 20, 2014, and directed Defendant to state
whether it would consent to the proposed amended by October 27, 2014. ECF No. 18. The
parties did not comply with Magistrate Judge Gold's Order. On August 4, 2016, Magistrate
Judge Gold issued an Order directing the parties to file a written status report by August 30,
2016, and notifying counsel that failure to comply with result in a recommendation of dismissal.
ECF Entry Dated Aug. 4, 2016. The parties failed to submit the required status report or to
otherwise communicate to the Court.
On September 6, 2016, Magistrate Judge Gold issued a Report and Recommendation, in
which he recommended dismissal of this case with prejudice for failure to prosecute, and
directed the parties to file any objections to the Report and Recommendation by September 23,
2016. ECF No. 19. No objections were filed within the fourteen day period.

DISCUSSION
In reviewing a Report and Recommendation, the 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). When no objections have been filed, a district court reviews a Report and
Recommendation for clear error. See Zeitone v. Korsinsky & Klein, LLP, 13-CV-0383, 2013 WL
5937397, at *l (E.D.N.Y. Nov. 4, 2013) (Kuntz, J.) (citing Reyes v. Mantello, OO-CV-8936, 2003
WL 76997, at *l (S.D.N.Y. Jan. 9, 2003) (Cote, J.)); Covey v. Simonton, 481 F. Supp. 2d 224,
226 (E.D.N.Y. 2007) (Garaufis, J.).
No party has filed objections to the Report and Recommendation in this action. The
Court finds that there was no clear error in the Report and Recommendation's determination that
this case should be dismissed with prejudice for failure to prosecute. The Court therefore
ADOPTS Magistrate Judge Gold's Report and Recommendation in its entirety, and DISMISSES
this action with prejudice for failure to prosecute.

SO ORDERED.

s/ WFK

.2_,

Dated: October
2016
Brooklyn, New York