Franco v. American Airlines, Inc.
- Clarke
- 1:21-cv-05918
- U.S. District Court · Southern District of New York
- 2
In Franco v. American Airlines, Judge Clarke adopted the recommendation granting summary judgment to American Airlines and closed the case.
Justin Franco and American Airlines, Inc.; the order adopted the recommendation to grant American Airlines’ summary-judgment motion and directed that the case be closed.
What happened
Franco v. American Airlines, Inc. concerned a summary-judgment motion that Magistrate Judge Willis recommended granting in a February 16, 2024 report.
Justin Franco did not file objections or request more time to object. The court said he therefore waived the right to object to the report or obtain appellate review.
Judge Jessica G. L. Clarke adopted the report and recommendation in its entirety. The Clerk was directed to terminate the specified docket entry and close the case.
The detailed version
- Franco v. American Airlines, Inc. · No. 1:21-cv-05918
- Clarke
- Mar. 11, 2024
Background
The court had referred American Airlines, Inc.’s motion for summary judgment to Magistrate Judge Willis. On February 16, 2024, Magistrate Judge Willis issued a Report and Recommendation advising that the motion be granted.
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. It also referred the parties to the federal rule governing objections to a magistrate judge’s recommendation and the related federal statute. No objections or requests for an extension had been filed by the date of the order.
The court therefore stated that Justin Franco waived his right to object to the Report and Recommendation or obtain appellate review. Even so, the court reviewed the petition and the Report and Recommendation without objections and found the report well reasoned and supported by the facts and law.
Ruling and Disposition
The court adopted the Report and Recommendation in its entirety, thereby adopting its recommendation that the summary-judgment motion be granted. The Clerk of Court was directed to terminate ECF No. 77 and close the case. American Airlines was directed to email a copy of the order to Franco, and the Clerk was directed to mail him a copy.
The opinion does not describe the underlying claims or explain the Report and Recommendation’s substantive reasoning.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.