Linzy v. Uber Technologies, Inc.

Background

Shaarille Linzy alleged that she was injured on December 5, 2019, when she was struck by a car driven by Jose A. Alemar, who was driving for Uber. Linzy first sued Alemar and American United Transportation, Inc. and American United Transportation II, Inc., identified as the vehicle owners, in New York state court. After learning that Alemar was working for Uber, she filed a second state-court action against Uber alone. Uber removed that second action to the U.S. District Court for the Southern District of New York.

Linzy first moved to send the federal case back to state court so it could be combined with her earlier state-court action. The court denied that motion. Linzy then moved to join Alemar, American United Transportation, Inc., American United Transportation II, Inc., Erez Dassa, and Ethan B. Gerber as mandatory parties.

Magistrate Judge’s Recommendation

The motion was referred to Magistrate Judge Stewart D. Aaron. He recommended that the court deny joinder because the proposed defendants were not necessary parties and because joining them would not comport with fundamental fairness. The parties were given fourteen days to file written objections, but none did so.

Court’s Analysis and Ruling

When no timely objection is filed to a magistrate judge’s report and recommendation, the district court may adopt the recommendation if the record shows no clear error. The court reviewed Judge Aaron’s report and found no error, clear or otherwise.

Judge Ramos adopted the report in full and denied Linzy’s motion for joinder. The court also stated that the parties’ failure to file written objections precluded appellate review of the decision. Finally, it directed the parties to contact Judge Aaron’s chambers to schedule a status conference.