Nicolas v. JP Morgan Chase Bank N.A.

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATION: Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, the Court has reviewed the R&R for clear error and, finding none, concurs with the R&R in its entirety. See Covey v. Simonton , 481 F. Supp. 2d 224, 226 (E.D.N.Y. 2007). It is hereby ordered that Nicolas's action be dismissed with prejudice pursuant to Rule 41 (b) of the Federal Rules of Civil Procedure.The Clerk of Court is respectfully directed to enter judgment, mail a copy of this Memorandum and Order and the accompanying judgment to plaintiff Jennifer E. Nicolas, pro se, note the mailing on the docket, and close this case. Ordered by Judge Roslynn R. Mauskopf on 9/5/2017. (Taronji, Robert)

UNITED STA TES DISTRICT COURT
EASTERN DI STRICT OF NEW YORK

------------------------------------------------------------------)(
JENNIFER E. NICOLAS ,
Pl ainti ff,
- against -

ORDER ADOPTING
REPORT AND RECOMMENDATION
16-CV-2774 (RRM) (RER)

JP MORGAN CHASE BANK, N.A.,
Defe ndant.

------------------------------------------------------------------)(
ROSL YNN R . MAUSKOPF, United States District Judge.
Plaintiff Jennifer E. N ico las, prose, commenced this action pursuant to Title VII of the
Civil Rights Act, 42 U.S.C. § 2000e, et seq., against defendant employer JP Morgan Chase Bank,
N.A. ("Chase"). (See Campi. (Doc. No. 1).) On March 17, 2017, four months after the Court set
a discovery schedule for thi s action, Chase fil ed a moti on to compel N ico las to respond to its
discovery requests. (Mot. to Compel (Doc. No. 14).) On March 24, 20 17, the Court granted
Chase's moti on as unopposed and cautioned N icolas that failure to respond in fu ll to Chase's
discovery requests by April 14, 2017 wou ld result in a reconunendation that this action be
dismi ssed for fai lure to prosecute. (3/24/l 7 Order.)
N icolas fa il ed to fo ll ow the Court ' s Order, and on April 21, 2017, Chase filed a motion to
dismi ss N icolas's compla int fo r fa ilure to prosecute, pursuant to Federal Rule of C ivil Procedure
("Rule") 4l (b). (See Defs. Mot. (Doc. No. 15).) The magistrate judge assigned to this case, the
Honorable Ramon E. Reyes, Jr. , issued a Report and Recomm endation (" R&R"), a copy of
which was mai led to N icolas on May 22, 20 17, recommending that Nico las's action be di smissed
without prejudice pursuant to Rule 41 (b). (See R&R 5118117.) Judge Reyes rem inded the parties
that, pursuant to Rule 72(b), any obj ections to the R&R must be filed by June 5, 20 17. (R&R
5118117.) The date to fi le objections has passed, and neither party has filed any obj ection.

Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, the Court has
reviewed the R&R for clear error and , finding none, concurs with the R&R in its entirety. See

Covey v. Simonton, 481 F. Supp. 2d 224, 226 (E.D.N.Y. 2007).
Accordingly, it is hereby ordered that Nicolas ' s action be dismissed with prej udice
pursuant to Rule 41 (b) of the Federal Rules of Civil Procedure.
The Clerk of Court is respectfull y directed to enter judgment, mail a copy of this
Memorandum and Order and the accompanying judgment to plaintiff Jennifer E. N icolas, prose,
note the mailing on the docket, and close this case.

SO ORDERED.

s/Roslynn R. Mauskopf

Dated: Brooklyn, New York
~,20 17

s--

ROSL YNN R. MAUSKOPF
United States District Judge

2