Farmer v. Fzoad.com Enterprises Inc.

Background

Richard Farmer, proceeding without a lawyer, sued Fzoad.com Enterprises Inc., doing business as Manhattan Eyeworks and Chelsea Vision Associates; David Forest Gross; and other defendants. He alleged violations of the Fair Labor Standards Act, New York Labor Law, and New York wage regulations. His allegations included that he worked 72 hours per week, was paid $14 per hour despite being promised $25 per hour, did not receive proper meal periods, and was terminated after raising compensation concerns.

The court had previously adopted Magistrate Judge Ona T. Wang’s recommendation dismissing all claims against the Matani Defendants and most claims against the Employer Defendants. The claims remaining against the Employer Defendants were federal and New York overtime claims, a New York wage-notice claim, a New York paystub claim, and a conversion claim. The court had also directed Farmer to provide information about service on the New Employer Defendants and warned that failing to respond could lead to dismissal for failure to prosecute. Farmer did not respond.

Motion and standard

The Employer Defendants and New Employer Defendants moved under Federal Rule of Civil Procedure 41(b). That rule permits dismissal when a plaintiff fails to pursue the case or comply with a court order. Courts consider the length of the failure, notice of possible dismissal, prejudice to defendants, the balance between managing the court’s docket and giving the plaintiff a chance to be heard, and whether a lesser sanction would be appropriate.

Farmer did not oppose the motion by the deadline. Magistrate Judge Wang later gave him another opportunity to respond and again warned that the case could be dismissed. He still did not respond. Because no objections were filed to the Report and Recommendation, Judge Daniels reviewed it for clear error, meaning whether the court was firmly convinced that the magistrate judge had made a mistake.

Ruling

Judge Daniels found dismissal warranted because Farmer had made no attempt to litigate the case for about a year, ignored multiple orders and warnings, and did not respond even after receiving additional time. The court also agreed that continued delay would prejudice the Employer Defendants and New Employer Defendants and that no lesser sanction was suitable.

The court adopted Magistrate Judge Wang’s Report and Recommendation in full and granted defendants’ motion to dismiss the complaint. The remaining Fair Labor Standards Act and New York Labor Law claims were dismissed without prejudice for failure to prosecute. The claims that had already been dismissed in the court’s September 17, 2020 decision were dismissed with prejudice because they had previously been dismissed on the merits. The clerk was directed to close the motion and the case.