Maldonado Rosete v. Aangan of India LLC
- Clarke
- 1:20-cv-09598
- U.S. District Court · Southern District of New York
- 2
In Maldonado Rosete v. Aangan of India LLC, Judge Clarke adopted the recommendation dismissing Eligio Candido’s claims without prejudice.
Plaintiff Eligio Candido’s claims were dismissed without prejudice. The plaintiff also waived the right to object to the Report and Recommendation or obtain appellate review by not filing timely objections.
What happened
In Maldonado Rosete v. Aangan of India LLC, Magistrate Judge Cave recommended dismissing Plaintiff Eligio Candido’s claims without prejudice. The recommendation gave the parties fourteen days to object.
No objections or requests for more time were filed. The court therefore found that the plaintiff had waived the right to object to the recommendation or seek appellate review.
Judge Jessica G. L. Clarke reviewed the recommendation and the petition, found the recommendation well reasoned and supported by the facts and law, and adopted it in its entirety. Eligio Candido’s claims were dismissed without prejudice.
The detailed version
- Maldonado Rosete v. Aangan of India LLC · No. 1:20-cv-09598
- Clarke
- Oct. 12, 2023
Background
The case was referred to Magistrate Judge Cave for general pretrial matters. On September 22, 2023, Judge Cave issued a Report and Recommendation advising that Plaintiff Eligio Candido’s claims be dismissed without prejudice.
Objections and Review
The Report and Recommendation gave the parties fourteen days after service to file objections and warned that failing to object on time would waive the right to object. No objections or request for an extension of time had been filed by the date of the order.
Under the governing rules, a district court reviews properly challenged portions of a magistrate judge’s recommendation independently. For portions without timely objections, the district court reviews the record for clear error, meaning an obvious mistake. The court stated that the plaintiff’s failure to object also waived the right to appellate review.
Ruling
Despite the waiver, the court reviewed the petition and the Report and Recommendation. It found the recommendation well reasoned and grounded in fact and law. Judge Jessica G. L. Clarke adopted the Report and Recommendation in its entirety, so Plaintiff Eligio Candido’s claims were dismissed without prejudice. The order does not explain the underlying reason for that recommended dismissal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.