Nektalov v. Jetblue Airways Corporation

E.D. New York

Nektalov v. Jetblue Airways Corporation

District Court, E.D. New York·Decided August 12, 2022·No. 1:22-cv-00513·Unknown

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK MICHAEL NEKTALOV and MIRYEM YUSHANAYEV, : Plaintiffs, : : ORDER v. : 22-CV-513 (WFK) (CLP) JETBLUE AIRWAYS CORPORATION, Defendant. ween anne renee een nn nen mene K WILLIAM F. KUNTZ, II, United States District Judge: On January 28, 2022, Michael Nektalov and Miryem Yushanayev (“Plaintiffs”) filed a Complaint against JetBlue Airways Corporation (“Defendant”), alleging discrimination and denial of equal rights under the law in violation of 42 U.S.C. §§ 1981 and 2000d, and exclusion in violation of 49 U.S.C. § 44902. See Complaint, ECF No. 1. To date, Plaintiffs have failed to file an affidavit of proper service. The deadline for service has long since passed and Plaintiffs have not requested an extension. See Fed. R. Civ. P. 4(m) (requiring service be made within 90 days of the filing of the complaint). In fact, Plaintiffs have taken no action since the filing of the Complaint. . Accordingly, on April 28, 2022, the Honorable Magistrate Judge Pollak ordered the parties to file a status report by May 31, 2022, which the parties failed to do. On June 15, 2022, Magistrate Judge Pollak again ordered the parties to file a status report by June 29, 2022. No report was filed. In response, on July 7, 2022, Magistrate Judge Pollak filed a Report and Recommendation, recommending dismissal for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b) should Plaintiffs fail to contact the Court by August 5, 2022. Report, ECF No. 4. To date, Plaintiffs have not contacted the Court. Objections to the Report and

Recommendation were due fourteen (14) days from receipt of the Report, and to date, no objections have been filed. The Court reviews a Report and Recommendation for clear error when no objections have been filed. See Covey v. Simonton, 481 F. Supp. 2d 224, 226 (E.D.N.Y. 2007) (Garaufis, J.). The Court finds no such error here. The Court therefore adopts the Report and Recommendation of Judge Pollak in its entirety and dismisses the case for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b).

SO ORDERED. s/ WFK

UNITED STATES DISTRICT JUDGE Dated: August 12, 2022 Brooklyn, New York

Free access — add to your briefcase to read the full text and ask questions with AI

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK MICHAEL NEKTALOV and MIRYEM YUSHANAYEV, : Plaintiffs, : : ORDER v. : 22-CV-513 (WFK) (CLP) JETBLUE AIRWAYS CORPORATION, Defendant. ween anne renee een nn nen mene K WILLIAM F. KUNTZ, II, United States District Judge: On January 28, 2022, Michael Nektalov and Miryem Yushanayev (“Plaintiffs”) filed a Complaint against JetBlue Airways Corporation (“Defendant”), alleging discrimination and denial of equal rights under the law in violation of 42 U.S.C. §§ 1981 and 2000d, and exclusion in violation of 49 U.S.C. § 44902. See Complaint, ECF No. 1. To date, Plaintiffs have failed to file an affidavit of proper service. The deadline for service has long since passed and Plaintiffs have not requested an extension. See Fed. R. Civ. P. 4(m) (requiring service be made within 90 days of the filing of the complaint). In fact, Plaintiffs have taken no action since the filing of the Complaint. . Accordingly, on April 28, 2022, the Honorable Magistrate Judge Pollak ordered the parties to file a status report by May 31, 2022, which the parties failed to do. On June 15, 2022, Magistrate Judge Pollak again ordered the parties to file a status report by June 29, 2022. No report was filed. In response, on July 7, 2022, Magistrate Judge Pollak filed a Report and Recommendation, recommending dismissal for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b) should Plaintiffs fail to contact the Court by August 5, 2022. Report, ECF No. 4. To date, Plaintiffs have not contacted the Court. Objections to the Report and

Recommendation were due fourteen (14) days from receipt of the Report, and to date, no objections have been filed. The Court reviews a Report and Recommendation for clear error when no objections have been filed. See Covey v. Simonton, 481 F. Supp. 2d 224, 226 (E.D.N.Y. 2007) (Garaufis, J.). The Court finds no such error here. The Court therefore adopts the Report and Recommendation of Judge Pollak in its entirety and dismisses the case for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b).

SO ORDERED. s/ WFK

UNITED STATES DISTRICT JUDGE Dated: August 12, 2022 Brooklyn, New York

Nektalov v. Jetblue Airways Corporation, (E.D.N.Y. 2022).

Pincite

Nektalov v. Jetblue Airways Corporation (Nektalov v. Jetblue Airways Corporation) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related