Castillo Rosario v. Lovely Twins Wines & Liquors Inc.

Background

John Carlos Castillo Rosario sued Lovely Twins Wines & Liquors, Inc., Wacal Soto, Danilo Cabrera, and Wascar Soto. He asserted claims under the Fair Labor Standards Act and New York Labor Law concerning allegedly unpaid minimum wages and overtime, improper salary deductions, and missing legally required employment notices.

Defendants told the court that Plaintiff had apparently delivered a letter saying he did not want to pursue the case. Plaintiff’s lawyers could not contact him to determine whether he wrote the letter. Magistrate Judge Cott later held a telephone conference, granted Plaintiff’s lawyers’ request to withdraw, and Plaintiff did not attend.

Failure to Prosecute

After the conference, Judge Cott ordered Plaintiff to submit a letter by June 27, 2022, stating whether he wanted to continue the case, or to have new counsel appear. The order was mailed to Plaintiff at his home and work addresses. Plaintiff did not submit the letter and did not obtain new counsel.

Judge Cott issued a report and recommendation advising that the case be dismissed without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b). The report explained that the parties had fourteen days to object and warned that failing to object would waive objections and prevent appellate review. The report was mailed to Plaintiff, and no party objected.

Ruling

Because there were no objections, Judge Caproni reviewed the recommendation for clear error, meaning an obvious mistake on the face of the record. She found no such error, adopted the report and recommendation in full, and ordered that the case be dismissed without prejudice for failure to prosecute under Rule 41(b).

The court also held that the lack of objections, after adequate warning, precluded appellate review of the decision. It certified that any appeal would not be taken in good faith and denied permission to proceed without paying filing fees for an appeal. The Clerk was directed to mail the order to Plaintiff, who was proceeding without a lawyer, and record the mailing on the docket.