Minzer v. G & U BISTRO, LLC et al

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATIONS: Counsel is relieved and case is dismissed. SO Ordered by Judge Raymond J. Dearie on 11/13/2017. (Ramesar, Thameera)

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IN CLERK'S OFFICE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ARYEH MINZER, US DISTRICT COURT E.D.N.Y. * NOV 1 3 2017 * BROOKLYN OFFICE Plaintiff, REPORT & -against- RECOMMENDATION 17-CV-3935(RJD) (SMG) G & U BISTRO,LLC, AND BP 13 LLC, /A Defendants. GOLD,STEVEN M., U.S. Magistrate Judge: S/ RJD Plaintiffs commenced this action under the Americans with Disabilities 2017. On August 22,2017, plaintiffs attorney, Erik M.Bashian, Esq., moved for leave1:o withdraw as counsel. Docket Entry 9. Counsel has submitted an affidavit in support of the motion in which he asserts that plaintiff has refused to communicate with him or respond to his requests for information about the case. Bashian Deck ^ 4, Docket Entry 9-2. By Order dated September 1,2017,1 scheduled a telephone conference to address counsel's motion. The Court's Order directed that plaintiff Minzer participate in the conference call, and that counsel serve the Order on plaintiff and file proof of service with the Court. Docket Entry 12. Counsel promptly filed an affidavit of service. Docket Entry 10. The conference proceeded as scheduled on September 15, 2017. Plaintiff failed to appear. I issued a second Order that same day directing plaintiff to submit any opposition he might have to his attomey's motion for leave to withdraw as his counsel, or a letter indicating that he seeks to proceed pro se or through new counsel, by October 12, 2017. Docket Entry 12. This Order was served on plaintiff as well. Docket Entry 13. To date, plaintiff has failed to oppose his counsel's motion or otherwise communicate with the Court. Accordingly, I grant Mr. Bashian's motion to be relieved, and I respectfully recommend that this case be dismissed for failure to prosecute. Any objections to the recommendation contained in this Report must be filed with the Clerk of the Court within fourteen days ofthe date ofthis Report, and in any event, no later than October 30,2017. Failure to object to this Report may waive the right to appeal the District Court's Order. See 28 U.S.C. ยง 636(b)(1); Fed. R. Civ.P.72; Small v. Sec'y ofHealth & Human Servs., 892 F.2d 15,16(2d Cir. 1989). The Clerk ofthe Court is respectfully requested to mail a copy ofthis Report and Recommendation to plaintiff at the address provided in the affidavits of service submitted by plaintiffs counsel. fsl STEVEN M. GOLD UNITED STATES MAGISTRATE JUDGE Brooklyn, New York October 16,2017 U:\fail to pro 17-3935.docx

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