Smith v. City of New York

Background

Myra S. Smith filed this action against the City of New York and later filed an amended complaint. She asserted federal and state claims involving age and race discrimination, retaliation, hostile work environment, and obstruction of justice.

The City moved to dismiss the amended complaint under Federal Rule of Civil Procedure 12(b)(6), which permits dismissal when a complaint does not state a legally sufficient claim. The City argued that Smith had not exhausted her administrative remedies and had failed to state a claim for relief.

Report and Recommendation

Magistrate Judge Lehrburger recommended granting the City’s motion. The recommendation called for the federal claims to be dismissed with prejudice and the state-law claims to be dismissed without prejudice.

Smith requested an extension of time to object, explaining that she lacked internet access and temporarily lacked telephone service. The Court granted the extension and set July 15, 2025, as the deadline. Smith filed no objections by that deadline. The Court stated that she therefore waived her right to object to the recommendation or obtain appellate review.

Court’s Analysis and Ruling

Because Smith did not file timely objections, Judge Jennifer L. Rochon reviewed the magistrate judge’s recommendation for clear error. The Court found no clear error and adopted the recommendation in its entirety.

The Court granted the City’s motion to dismiss the amended complaint. It dismissed Smith’s federal claims with prejudice for failure to state a claim. It declined to exercise supplemental jurisdiction over Smith’s remaining claims under state and city law and dismissed those claims without prejudice to refiling in state court. The Clerk of Court was directed to close the case and mail the order to Smith.