Staffing Global Corp. v. B2C2 USA Inc.

Background

Staffing Global Corp. filed state-law claims against B2C2 USA Inc. and B2C2 Ltd. for breach of an oral agreement, breach of contract, and unjust enrichment. Staffing Global amended its complaint on October 3, 2023.

The defendants moved to dismiss under Federal Rule of Civil Procedure 12(b)(6), which allows dismissal for failure to state a legally sufficient claim. The court referred the motion to Magistrate Judge Robyn F. Tarnofsky for a report and recommendation.

Report and Recommendation

Judge Tarnofsky recommended granting the defendants’ motion without prejudice to Staffing Global’s filing a second amended complaint addressing the deficiencies identified in the recommendation, specifically concerning the alleged breaches of the oral agreement and contract. The parties were notified of their right to object, but no objections were filed before the deadline.

Because there were no objections, Judge Torres reviewed the recommendation for clear error. She found no clear error and adopted Judge Tarnofsky’s recommendation in its entirety.

Ruling

The court granted the defendants’ motion to dismiss. The order allowed Staffing Global to move by May 3, 2024, for leave to file a second amended complaint addressing the deficiencies identified in the report and recommendation. The clerk was directed to terminate the motion on the docket. The opinion does not separately describe the disposition of each claim beyond the stated recommendation and order.