Caro v. LJB Facilities Management LLC

Background

Randy Caro, acting without a lawyer, sued LJB Facilities Management LLC under Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law. The opinion states that Caro appeared to assert claims for race- and sex-based discrimination and harassment.

LJB moved to dismiss under Federal Rule of Civil Procedure 12(b)(6), which concerns whether a complaint states a legally sufficient claim. LJB also argued, in the alternative, that Caro’s Title VII claims should be dismissed because he had not exhausted administrative remedies. Caro later filed a copy of a notice of right to sue from the Equal Employment Opportunity Commission, related to his discrimination charge, but he did not file a substantive opposition to the motion.

Report and Recommendation

Magistrate Judge Katharine H. Parker recommended that LJB’s motion to dismiss be granted without prejudice. The recommendation notified the parties that they could file objections and warned that failing to object on time would waive objections for purposes of appeal. Neither party filed objections or requested more time.

Because there were no timely objections, Judge Rearden reviewed the recommendation for clear error rather than conducting a fresh review of the disputed issues. The court stated that it had reviewed the recommendation and found no clear error, describing it as well reasoned and supported by the facts and law.

Ruling

Judge Rearden adopted the recommendation. The court granted LJB’s motion to dismiss and dismissed the action without prejudice. The court declined to exercise jurisdiction over Caro’s New York City law claims. The clerk was directed to close the case and mail Caro a copy of the order.

The opinion does not set out the full reasoning from Judge Parker’s report, so it does not provide the specific pleading deficiencies supporting dismissal beyond the procedural history summarized above.