Djurdjevich v. Flat Rate Movers, Ltd.
- Alison Nathan
- 1:17-cv-00261
- U.S. District Court · Southern District of New York
- 2
In Djurdjevich v. Flat Rate Movers, Judge Nathan adopted a recommendation and granted dismissal without prejudice of Najdan Nikolic’s claims.
Plaintiff Najdan Nikolic’s claims were dismissed without prejudice, and the defendant’s motion to dismiss those claims was granted.
What happened
In Djurdjevich v. Flat Rate Movers, Ltd., the court considered a recommendation to dismiss plaintiff Najdan Nikolic’s claims because he did not participate in discovery. The court had ordered him to respond to written discovery and appear for a deposition, but he did neither by the required deadlines.
No one objected to the magistrate judge’s report and recommendation before the deadline. The court therefore reviewed it for clear error, meaning an obvious mistake in the record, and found none.
Judge Alison J. Nathan adopted the recommendation in full and granted the defendant’s motion to dismiss Nikolic’s claims without prejudice, for the reasons stated in the recommendation.
The detailed version
- Djurdjevich v. Flat Rate Movers, Ltd. · No. 1:17-cv-00261
- Alison Nathan
- Nov. 30, 2020
Background
The court reviewed Judge Barbara Moses’s August 5, 2020 Report and Recommendation. It recommended dismissing plaintiff Najdan Nikolic’s claims without prejudice because he failed to participate in discovery. The opinion states that the court had ordered Nikolic to respond to written discovery by June 10, 2020, and to appear for a deposition by July 10, 2020.
Standard of Review
Under 28 U.S.C. § 636(b)(1), a district court may accept, reject, or modify a magistrate judge’s report and recommendation. When no timely objections are filed, the district court reviews the recommendation for clear error on the face of the record. Clear error exists when review of the entire record leaves the court with a firm conviction that a mistake was made.
The objection deadline had passed, and no objections had been filed. The court therefore applied clear-error review.
Ruling
The court found no clear error and adopted Judge Moses’s Report and Recommendation in its entirety. Judge Alison J. Nathan granted the defendant’s motion to dismiss Nikolic’s claims without prejudice, for the reasons stated in the recommendation.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.