Webber v. Domino's Pizza LLC

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS: recommended sanction imposed; case dismissed without prejudice, as to arbitration. SO Ordered by Judge Raymond J. Dearie on 3/20/2018. (Ramesar, Thameera)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

EMELINA WEBBER,

V.

REBORT AND

Plaintiff,

RECOMMENDATION

-against-

s/ RJD

17-CV-6272

DOMINO'S PIZZA LLC,
Defendant.
X

ROANNE L. MANN, CHIEF UNITED STATES MAGISTRATE JUDGE;
As set forth in this Court's Order to Show Cause dated February 12, 2018 ("2/12/18

OTSC"), Electronic Case Filing Docket Entry ("DE")#5, in this case brought under the Family
Medical Leave Act("FLMA"), 29 U.S.C.§ 2601 et seq., the Complaint was never served on the
defendant and no further action has been taken in this case.

Plaintiff was therefore dii'ected, on

pain of sanctions, to show cause in writing by February 20, 2018, why the case should not be
dismissed with prejudice for lack of prosecution pursuant to Rule 41(b). S^ 2/12/18 OTSC.
Having failed to respond, plaintiff has ignored this Court's order and thus abandoned tliis case.

Accordingly, it is the recommendation of this Court that the complaint be dismissed with

prejudice and that counsel for plaintiff, Francisco O. Castillo, be sanctioned $100.00 for failure
to comply with this Court's order.

Any objections to this Report and Recommendation must be filed with the Honorable
Raymond J. Dearie on or before March 16, 2018. Failure to file objections in a time y manner

may waive a right to appeal the District Court order. S^ 28 U.S.C. § 636(b)(1); Fed. R. Civ.

P. 6(a)(1), 72(b)(2); Small v. Sec'v of Health & Human Servs.. 892 F.2d 15, 16(2d dir. 1989).

FILED
IN CLERK'S OFFICE

US DISTRICT COURTlE.D.N.Y.

^

MAR 20 2018

5

BROOKLYN (^t FiCE

SO ORDERED.

Dated:

Brooklyn, New York
March 2, 2018

/s/

^oohhcA,

ROANNE L. MANN

CHIEF UNITED STATES MAGISTRATE JUDGE