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)

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. § 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