Powell v. 34 Endeavor Hospitality LLC
- Clarke
- 1:24-cv-06620
- U.S. District Court · Southern District of New York
- 2
In Powell v. 34 Endeavor Hospitality LLC, Judge Clarke dismissed Powell’s suit because she did not exhaust required administrative remedies.
Emani E. Powell and 34 Endeavor Hospitality LLC; the case was closed after the court granted the defendant’s motion to dismiss.
What happened
In Powell v. 34 Endeavor Hospitality LLC, the court considered a magistrate judge’s recommendation on motions to dismiss and for summary judgment. The recommendation advised granting the motion to dismiss and denying summary judgment.
No objections or extension request was filed within the allowed fourteen days. The court therefore found that Powell waived objections and appellate review, but independently reviewed the motions and recommendation. It found that Powell had not exhausted the administrative remedies required by the statute identified in the opinion as “Title VH.”
Judge Jessica G. L. Clarke adopted the recommendation in its entirety and granted the defendant’s motion to dismiss for failure to meet that procedural requirement. Because the suit was dismissed, the court said the plaintiff’s other motions were moot, directed the clerk to close the case, and ordered a copy mailed to Powell.
The detailed version
- Powell v. 34 Endeavor Hospitality LLC · No. 1:24-cv-06620
- Clarke
- Aug. 13, 2025
Background
Emani E. Powell sued 34 Endeavor Hospitality LLC. The opinion states that the case involved a motion to dismiss and a motion for summary judgment, both referred to Magistrate Judge Parker for a Report and Recommendation. The recommendation, filed July 7, 2025, advised that the motion to dismiss be granted and the motion for summary judgment be denied. It also stated that Powell’s motion to strike be denied.
Objections and review
The recommendation gave the parties fourteen days after service to object and warned that failing to object would waive the right to object. Powell filed no objections and did not request more time. The court held that she therefore waived the right to object to the recommendation or obtain appellate review. Even so, the court independently reviewed the motions and the recommendation and found it well reasoned and supported by the facts and law.
Ruling
The court concluded that Powell failed to exhaust the administrative remedies required by the statute the opinion calls “Title VH.” It granted 34 Endeavor Hospitality LLC’s motion to dismiss for failure to comply with that procedural requirement. The court stated that, because the suit was dismissed, Powell’s motions were moot, and it adopted the Report and Recommendation in its entirety. The clerk was directed to terminate ECF Nos. 14, 29, and 30, close the case, and mail the order to Powell.
Classification
This is a procedural order because the court dismissed the case for failure to satisfy an administrative-exhaustion requirement without deciding the underlying claim. The court’s disposition is based on a threshold procedural prerequisite to suit.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.