Djurdjevich v. Flat Rate Movers, Ltd. et al

Filing 115

CLERK'S JUDGMENT re: 113 Order Adopting Report and Recommendations 114 Memorandum & Opinion. in favor of Flat Rate Movers, Ltd., Israel Carmel, Sam Gholam against Mirko Djurdjevich. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order, and Memorandum Opinion and Order, both dated November 30, 2020, Before the Court is Judge Barbara Moses's August 5, 2020 Report & Recommendation recommending that the Court dismiss without prejudice the claims of plaintiff Najdan Nikolic due to his failure to participate in discovery, even after the Court ordered him to respond to written discovery by June 10, 2020 and to appear for deposition by July 10, 2020. Dkt. No. 112 ("R & R"); As of this date, no objections to the R & R have been filed, and the deadline for objections has passed. See R & R at 5. Thus, the Court reviews the R & R for clear error, and it finds none. The Court therefore adopts the R & R in its entirety and GRANTS Defendant's motion to dismiss plaintiff Nikolic's claims without prejudice for the reasons provided in Judge Moses's R & R. Defendants' motion for summary judgment is granted; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 11/30/2020) (Attachments: # 1 Notice of Right to Appeal) (dt)

Case 1:17-cv-00261-AJN-BCM Document 115 Filed 11/30/20 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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Mirko Djurdjevich, et al.,
Plaintiffs,

17 CIVIL 261 (AJN)

JUDGMENT

-againstFlat Rate Movers, Ltd., et al.,
Defendants.
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It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons
stated in the Court's Order, and Memorandum Opinion and Order, both dated November 30,
2020, Before the Court is Judge Barbara Moses’s August 5, 2020 Report & Recommendation
recommending that the Court dismiss without prejudice the claims of plaintiff Najdan Nikolic due to
his failure to participate in discovery, even after the Court ordered him to respond to written

discovery by June 10, 2020 and to appear for deposition by July 10, 2020. Dkt. No. 112 (“R & R”);
As of this date, no objections to the R & R have been filed, and the deadline for objections has
passed. See R & R at 5. Thus, the Court reviews the R & R for clear error, and it finds none. The
Court therefore adopts the R & R in its entirety and GRANTS Defendant’s motion to dismiss
plaintiff Nikolic’s claims without prejudice for the reasons provided in Judge Moses’s R & R.
Defendants’ motion for summary judgment is granted; accordingly, the case is closed.

Dated: New York, New York
November 30, 2020

RUBY J. KRAJICK
_________________________
Clerk of Court
BY:
_________________________
Deputy Clerk