Barry v. Royal Air Maroc
- Gregory Woods
- 1:21-cv-08481
- U.S. District Court · Southern District of New York
- 2
In Barry v. Royal Air Maroc, Judge Woods adopted the recommendation, granted summary judgment to Royal Air Maroc, and closed the case.
Aliou Barry and Royal Air Maroc; the court’s ruling ended Barry’s action and entered judgment for Royal Air Maroc.
What happened
In Barry v. Royal Air Maroc, a magistrate judge recommended granting Royal Air Maroc’s request for summary judgment and dismissing the case. The recommendation concluded that Aliou Barry’s claim was filed too late under the Montreal Convention.
Neither side filed an objection within the 14-day period. The district court therefore reviewed the recommendation for clear error, meaning an obvious mistake, and found none.
Judge Woods adopted the recommendation in full and granted Royal Air Maroc’s motion for summary judgment. The clerk was directed to enter judgment for Royal Air Maroc and close the case.
The detailed version
- Barry v. Royal Air Maroc · No. 1:21-cv-08481
- Gregory Woods
- Aug. 9, 2022
Background
Aliou Barry sued Royal Air Maroc. The opinion states that Barry’s claim was governed by the Montreal Convention and that Magistrate Judge Moses determined the claim was time-barred because it was not filed within the period required by that Convention.
Report and Recommendation
On July 8, 2022, Magistrate Judge Moses issued a report and recommendation, commonly called an R&R, recommending that the court grant Royal Air Maroc’s motion for summary judgment and dismiss the action.
The parties had 14 days to submit specific written objections to the R&R. No objection was submitted within that period.
Court’s Analysis and Ruling
Because no timely objection was filed, the court reviewed the R&R for clear error, meaning an obvious error apparent from the record. The court found no clear error and accepted and adopted the R&R in its entirety.
The court granted Royal Air Maroc’s motion for summary judgment. It directed the clerk to terminate the pending motion, enter judgment for Royal Air Maroc, and close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.