Donet v. Isamax Snacks, Inc.
- Paul Engelmayer
- 1:23-cv-01286
- U.S. District Court · Southern District of New York
- 2
Donet v. Isamax Snacks, Judge Engelmayer denied Isamax’s motion to dismiss and adopted the magistrate judge’s recommendation.
Maricela Donet and the proposed group of similarly situated plaintiffs may continue beyond this motion; Isamax Snacks, Inc.’s motion to dismiss was denied.
What happened
In Donet v. Isamax Snacks, Inc., Isamax asked the court to dismiss Maricela Donet’s First Amended Complaint for failing to state a claim. The complaint was brought by Donet individually and on behalf of others described as similarly situated.
A magistrate judge recommended denying Isamax’s motion. Neither party objected to that recommendation, so the district court reviewed it for clear error—whether an obvious mistake appeared in the record.
Judge Paul A. Engelmayer found no such error, adopted the recommendation in full, and denied Isamax’s motion to dismiss. The court also stated that the parties’ failure to object waived appellate review of the recommendation.
The detailed version
- Donet v. Isamax Snacks, Inc. · No. 1:23-cv-01286
- Paul Engelmayer
- Sept. 18, 2023
Background
Maricela Donet sued Isamax Snacks, Inc., individually and on behalf of all others similarly situated. Isamax moved under Rule 12(b)(6), which allows a defendant to seek dismissal for failure to state a legally sufficient claim. The court’s opinion does not repeat the facts, instead incorporating the factual summary from the magistrate judge’s Report and Recommendation.
Magistrate Judge’s Recommendation
Magistrate Judge Stewart D. Aaron recommended that the court deny Isamax’s motion to dismiss. Neither party submitted objections to the recommendation.
Court’s Analysis
Because there were no objections, the district court reviewed the recommendation for clear error, meaning an obvious error on the face of the record. The court stated that its review found no such error and adopted the Report and Recommendation in its entirety.
The court also stated that the parties’ failure to object within the specified period waived objections and prevented appellate review of the recommendation.
Disposition
Judge Paul A. Engelmayer denied Isamax’s motion to dismiss. The Clerk of Court was directed to terminate the motion at Docket 15.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.