Taylor v. Starbucks Corporation

Background

Ronald G. Taylor, representing himself, filed a complaint against Starbucks Corporation in New York Supreme Court. Starbucks removed the action to federal court on December 3, 2020. Judge Valerie Caproni referred the case to Magistrate Judge Gorenstein for general pretrial management and for recommendations on dispositive motions, meaning motions that could resolve the case.

Taylor’s last action was a January 26, 2021 letter that appeared to request a stay. To the extent he sought a stay, Magistrate Judge Gorenstein denied that request. On September 29, 2021, Starbucks moved for summary judgment. The court directed Taylor to respond by October 20, 2021, but he did not do so.

On October 27, 2021, the court gave Taylor until November 11, 2021, either to oppose the motion or to state that he did not oppose it. The court warned that failing to comply could lead to dismissal under Federal Rule of Civil Procedure 41(b) for failure to prosecute. Taylor did neither. The court then ordered him to explain by December 9, 2021, why the case should not be dismissed. Taylor did not respond to that order either.

Magistrate Judge’s Recommendation

On December 20, 2021, Magistrate Judge Gorenstein recommended dismissing the case under Rule 41(b) for failure to prosecute. The recommendation explained that the parties had fourteen days to file written objections and warned that failing to object could waive objections and prevent appellate review. Neither party objected.

Because no objections were filed, Judge Caproni reviewed the recommendation for clear error—an obvious mistake apparent from the record. She found no clear error.

Ruling and Disposition

Judge Caproni adopted the recommendation in full. The action was dismissed with prejudice under Rule 41(b) for failure to prosecute. The order did not decide the merits of Taylor’s underlying claims or Starbucks’s summary-judgment motion.

The court also stated that Taylor’s failure to object, despite receiving adequate warning, precluded appellate review. It certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to proceed without paying filing fees for an appeal. The Clerk of Court was directed to close the case and mail Taylor a copy of the order.