Workneh v. Super Shuttle International Inc.

Background

Elias A. Workneh, representing himself, brought a workplace-discrimination action against Super Shuttle International, Inc., Veolia Transportation, Inc., New York City Airporter, and Golden Touch Transportation. He filed a third amended complaint on May 31, 2017.

Motion and recommendation

The defendants moved to dismiss the third amended complaint for failure to comply with court orders. Magistrate Judge Robert W. Lehrburger issued a Report and Recommendation recommending that the motion be granted in its entirety and that the third amended complaint be dismissed with prejudice. The Report and Recommendation gave the parties 14 days to submit objections and stated that failing to object would waive objections and prevent appellate review. No party objected within that period.

Court’s ruling

Under 28 U.S.C. § 636(b)(1)(C) and Federal Rule of Civil Procedure 72(b)(2), a district judge reviews the disputed portions of a magistrate judge’s recommendation anew when a timely, specific objection is filed. When no timely objection is filed, the district judge may adopt the recommendation unless the record shows clear error, meaning an obvious mistake.

Judge Edgardo Ramos reviewed the recommendation and found no clear error. He adopted Magistrate Judge Lehrburger’s recommendations in their entirety, granted the defendants’ motion, dismissed the third amended complaint with prejudice, directed the clerk to terminate the motion, and closed the case.