Munson v. Diamond et al

Filing 32

ADOPTION OF REPORT & RECOMMENDATION for 28 Report and Recommendations. Having reviewed the Report and Recommendation and finding no clear error on the face of the record, it is hereby ORDERED AND ADJUDGED as follows: 1. The Report and Recommenda tion of United States Magistrate Judge Barbara Moses dated June 1, 2017 be and the same hereby is APPROVED, ADOPTED, and RATIFIED by the Court in its entirety; 2. Pursuant to Magistrate Judge Moses's recommendation, Plaintiff shall be awarded &# 036;15,000.00 in compensatory damages for emotional distress, $30,000.00 in punitive damages, $52,750.00 in attorneys' fees, and $4,271.41 in costs, for a total of $102,021.41, all to be assessed against Defendant Preserve 24 LLC, for a total of $118,705.09; and 3. The Default Judgment against Defendants Aegis Holding LLC, Aegis Holding Houston LLC, and Metropolitan Coffee & Concessions LLC shall be vacated. The remaining issue in this case is the liability of Jaso n Diamond and John Parlatore (together, "Individual Defendants"). To date, Plaintiff has not served Diamond. (See Report at 2 n.2.). Plaintiff's counsel has suggested that he may discontinue prosecution against Parlatore, but no disc ontinuance has been filed to date. (Id. at 2 n.3.) If Plaintiff fails TO SHOW CAUSE by affidavit why she has not served Individual Defendants within 21 days of the date of this Order, this case shall be dismissed as against them for failure to prose cute. See Lyell Theatre Corp. v. Loews Corp., 682 F. 2d 37, 42 (2d Cir. 1982) (" [T]he authority of a federal trial court to dismiss a plaintiff's action with prejudice because of his failure to prosecute cannot seriously be doubted." (quoting Link v. Wabash R.R. Co., 370 U.S. 626, 629 (1962))); see also Report at 25. (Signed by Judge Deborah A. Batts on 10/23/2017) (kgo)