Tsatsani v. Walmart, Inc.

Background

Grammatiki E. Tsatsani, proceeding without a lawyer, brought claims against Walmart, Inc., described as her former employer, and Joshua Strudl, described as a Walmart store manager. Her complaint asserted claims under the Americans with Disabilities Act, the Family and Medical Leave Act, and New Jersey and New York law.

The defendants moved to dismiss all of Tsatsani’s claims for failure to state a claim. Magistrate Judge Barbara C. Moses issued a Report and Recommendation advising that the motion be granted and that the claims be dismissed because they were untimely and did not plausibly allege a violation of an applicable law.

Court’s Analysis

Because no party objected to the Report and Recommendation, the district court reviewed it for clear error, meaning an obvious mistake on the face of the record. Judge Engelmayer found no such error and adopted the recommendation in full.

The court also adopted the recommendation that the claims be dismissed with prejudice and without permission to amend. It stated that this result was warranted because the claims were untimely and Tsatsani had already had an opportunity to effectively amend her complaint, despite representing herself.

The court further stated that the parties’ failure to file objections waived objections and prevented appellate review, based on the warning in the Report and Recommendation.

Disposition

Judge Paul A. Engelmayer granted the defendants’ motion to dismiss in its entirety and dismissed the action with prejudice. The Clerk was directed to terminate the pending motion, close the case, and mail Tsatsani a copy of the decision.