Suresh v. Crain Communications, Inc.

Background

Defendant Crain Communications, Inc. moved under Rule 12(b)(6) of the Federal Rules of Civil Procedure to dismiss plaintiff Ajay Suresh’s complaint for failure to state a claim. The opinion incorporates the factual summary contained in Magistrate Judge Jennifer E. Willis’s Report and Recommendation; that report is not included in the provided text.

Review of the Recommendation

Judge Willis recommended denying Crain’s motion. No party objected to the recommendation. As a result, Judge Engelmayer reviewed it for clear error, meaning an obvious mistake on the face of the record. He found no such error and adopted the Report and Recommendation in its entirety.

The court also stated that the Report had warned that failing to object within 14 days would waive objections and prevent appellate review. The parties’ failure to object therefore operated as a waiver of appellate review, according to the opinion.

Ruling

Judge Engelmayer denied Crain’s motion to dismiss. He directed the Clerk of Court to terminate all pending motions. The opinion does not provide further details about the underlying claims or explain the reasoning in the Report beyond adopting it.