Jama et al v. 1st Class Staffing LLC et al

Filing 53

REPORT AND RECOMMENDATION that it is RECOMMENDED that the 30 MOTION to Dismiss Claims of Plaintiffs Abdi Jama and Omar Hassan filed by XPO Logistics LLC and Jacobson Companies, Inc. be GRANTED and that the 1 Complaint filed by Istah il Abdi be DISMISSED for failure to prosecute and comply with this Court's Order. Objections to R&R due by 3/31/2017. Signed by Magistrate Judge Kimberly A. Jolson on 3/17/17. (sem)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

ABDI JAMA, et al.,
Plaintiffs,
v.

Civil Action 2:15-cv-3013
Judge James L. Graham
Magistrate Judge Jolson

1st CLASS STAFFING,
LLC, et al.,
Defendants.
REPORT AND RECOMMENDATION
On January 3, 2017, Defendants Jacobson Warehouse Company, Inc. and XPO Logistics,
Inc. filed a Motion to Dismiss Claims of Plaintiffs Abdi Jama and Omar Hassan “due to their
failure to prosecute this action and their complete non-participation in the discovery process.”
(Doc. 30 at 1). On February 22, 2017, defense counsel filed a Motion to Withdraw as Counsel
for Mr. Jama and Mr. Hassan, explaining that neither individual had “been responsive or
cooperative,” despite “numerous efforts” to secure their cooperation and participation. (Doc.
39). As a result, the Court issued an Order on February 23, 2017, directing Mr. Jama and Mr.
Hassan to show good cause within twenty-one days for why this action should not be dismissed
for want of prosecution. (Doc. 41). At that time, Mr. Jama and Mr. Hassan were warned “that
failure to comply with th[e] Order may result in the recommendation of dismissal.” (Id. at 2).
Twenty-one days has passed and neither Mr. Jama, nor Mr. Hassan has filed anything with the
Court.
Accordingly, it is RECOMMENDED that Plaintiffs Abdi Jama and Omar Hassan’s
claims be DISMISSED for failure to prosecute and comply with this Court’s Order. It is

FURTHER RECOMMENDED that Defendants Jacobson Warehouse Company, Inc. and XPO
Logistics, Inc.’s Motion to Dismiss Claims of Plaintiffs Abdi Jama and Omar Hassan be
GRANTED.
Procedure on Objections to Report and Recommendation
If any party objects to this Report and Recommendation, that party may, within fourteen
(14) days of the date of this Report, file and serve on all parties written objections to those
specific proposed findings or recommendations to which objection is made, together with
supporting authority for the objection(s).

A Judge of this Court shall make a de novo

determination of those portions of the Report or specified proposed findings or recommendations
to which objection is made. Upon proper objections, a Judge of this Court may accept, reject, or
modify, in whole or in part, the findings or recommendations made herein, may receive further
evidence or may recommit this matter to the Magistrate Judge with instructions. 28 U.S.C.
§ 636(b)(1).
The parties are specifically advised that failure to object to the Report and
Recommendation will result in a waiver of the right to have the District Judge review the Report
and Recommendation de novo, and also operates as a waiver of the right to appeal the decision of
the District Court adopting the Report and Recommendation. See Thomas v. Arn, 474 U.S. 140
(1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981).
IT IS SO ORDERED.

Date: March 17, 2017

/s/ Kimberly A. Jolson
KIMBERLY A. JOLSON
UNITED STATES MAGISTRATE JUDGE

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