Lopez, Samuel v. TRH Trading Corp.

Background

Samuel Lopez brought this action against TRH Trading Corp. and Regina’s Grocery LLC under the Americans with Disabilities Act. The defendants did not respond to the complaint or otherwise appear, so Lopez moved for default judgment.

The court later gave the defendants an opportunity to oppose that motion. Lopez requested a 10-day extension of the opposition deadline, stating that the parties were engaged in settlement discussions and that he preferred to resolve the matter through settlement. The court granted the request.

After hearing nothing further from Lopez, the court ordered him to file a status update addressing the settlement negotiations and explaining whether his default-judgment motion should be dismissed or held while settlement discussions continued. The court also directed him to explain why the action should not be dismissed for failure to prosecute under Rule 41(b). Lopez did not file the required status update. Magistrate Judge Sarah Netburn later ordered Lopez to show cause why the complaint should not be dismissed for failure to prosecute. Lopez did not comply with that order either.

Report and Recommendation

Judge Netburn recommended dismissing the action without prejudice for failure to prosecute. Neither party objected to the recommendation.

When no timely objection is filed, the district court reviews a magistrate judge’s recommendation for clear error on the face of the record. Judge Engelmayer stated that his review found no such error and that the recommendation was thorough and well reasoned.

Ruling

Judge Engelmayer adopted Judge Netburn’s recommendation in full and dismissed the action for failure to prosecute under Federal Rule of Civil Procedure 41(b). The court also stated that the parties’ failure to object waived appellate review, consistent with the warning in the recommendation.