Pugh-Ouza v. Springhill Suites et al

Filing 113

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 96 Motion to Dismiss, filed by Marriott Resorts Hospitality Corporation, Marriott Hotel Services, Inc., Aubrey Karacia, Carrie Carpenter, Springhill Suites, Gina Ngeau, 103 Report and Re commendations. Accordingly, it is hereby Ordered that: (1) Plaintiff's claims against Defendant Karacica are dismissed without conditions and without prejudice pursuant to Federal Rule of Civil Procedure 41 (a)(2), and (2) Defendants' m otion for involuntary dismissal of those claims pursuant to Rule 41 (b) is denied. The choice not to file written objections waives appellate review of this decision. See United States v. James, 712 F.3d 79, 105 (2d Cir. 2013). The Clerk of Court is respectfully directed to terminate the motion pending at Dkt. 96. (Signed by Judge Ronnie Abrams on 8/5/2019) (rj)

USDC-SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC#:
DATE FILED: ~ / S" ( / ~

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

SHANELL PUGH-OUZA,
Plaintiff,

No. 18-CV-1755 (RA)
ORDER ADOPTING REPORT AND
RECOMMENDATION

V.

SPRINGHILL SUITES, et al.,
Defendants.

RONNIE ABRAMS, United States District Judge:
Now before the Court is Magistrate Judge Freeman's July 9, 2019 Report and
Recommendation (the "Report"), see Dkt. 103, which recommends that the Court enter an order
dismissing Plaintiff's claims against Defendant Arberie Karacica ("Karacica"), without conditions
and without prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(2). The parties have not
filed any objections to the Report.
"When the parties make no objections to the Report, the Court may adopt the Report if
there is no clear error on the face of the record." Galeana v. Lemongrass on Broadway Corp., 120
F. Supp. 3d 306, 310 (S.D.N.Y. 2014) (internal quotation marks omitted). Having reviewed the
record for clear error, and found none, the Court adopts Judge Freeman's Report in its entirety.
Accordingly, it is hereby Ordered that: (1) Plaintiff's claims against Defendant Karacica are
dismissed without conditions and without prejudice pursuant to Federal Rule of Civil Procedure
41 (a)(2), and (2) Defendants' motion for involuntary dismissal of those claims pursuant to Rule
41 (b) is denied.
The choice not to file written objections waives appellate review of this decision. See

United States v. James, 712 F.3d 79, 105 (2d Cir. 2013).

The Clerk of Court is respectfully directed to terminate the motion pending at Dkt. 96.

SO ORDERED.
Dated:

u

August 5, 2019
New York, New York

RoruieAbrams"---United States District Judge

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