Shukla v. Meta Platforms Inc.
- Clarke
- 1:23-cv-10150
- U.S. District Court · Southern District of New York
- 2
In Shukla v. Meta, Judge Clarke adopted the recommendation denying Shukla’s motion to return the case to state court.
Ashu Shukla’s request to return the action to state court was denied; the case remained in federal court, and the court stated that Shukla waived the right to object to the recommendation and to obtain appellate review of it.
What happened
In Shukla v. Meta Platforms Inc., Ashu Shukla asked the federal court to send the case back to state court. A magistrate judge recommended denying that request.
The parties were given 14 days to object to the recommendation, but no objections or extension request was filed. The court therefore found that Shukla waived the right to object and to seek appellate review of the recommendation.
Judge Jessica G. L. Clarke adopted the recommendation in full and denied the motion to remand. The clerk was directed to terminate the motion listed as ECF No. 8.
The detailed version
- Shukla v. Meta Platforms Inc. · No. 1:23-cv-10150
- Clarke
- Jan. 23, 2024
Background
Ashu Shukla sued Meta Platforms Inc. and Deloitte Consulting LLP. Shukla filed a motion asking the federal court to remand, or return, the action to state court. The case had been referred to Magistrate Judge Stein for general trial purposes and dispositive motions.
Report and Recommendation
Magistrate Judge Stein issued a Report and Recommendation on January 1, 2024, recommending that Shukla’s motion to remand be denied. The parties were told they had 14 days after service to file objections and were warned that failing to object on time would waive the right to object.
Court’s Review and Ruling
No objections or request for an extension had been filed by the date of the order. The court concluded that Shukla had waived the right to object to the Report and Recommendation and to obtain appellate review of it. Even so, the court reviewed the recommendation and found it well reasoned and supported by the facts and law.
Judge Jessica G. L. Clarke adopted the Report and Recommendation in its entirety. The court therefore denied the motion to remand, and the clerk was directed to terminate ECF No. 8.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.