Obergh v. Building Maintenance Services LLC

S.D. New York

Obergh v. Building Maintenance Services LLC

DecidedMarch 21, 2023

Docket1:21-cv-05053

StatusUnknown

This text of Obergh v. Building Maintenance Services LLC (Obergh v. Building Maintenance Services LLC) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Obergh v. Building Maintenance Services LLC, (S.D.N.Y. 2023).

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Plaintiff, 21 CIVIL 5053 (VEC)JLC) -against- JUDGMENT BUILDING MAINTENANCE SERVICE LLC and ETHICAL CULTURE FIELDSTON SCHOOL, Defendants. wane It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated March 21, 2023, whereas careful review of the R&R reveals that there is no clear error. The R&R is adopted in full and Defendants’ motion to dismiss the Amended Complaint is GRANTED. Ms. Obergh’s Title VII claims are DISMISSED with prejudice, and Ms. Obergh’s NYCHRL claims are DISMISSED without prejudice. Because the R&R gave the parties adequate warning, see R&R at 15, the failure to object to the R&R precludes appellate review of this decision. See Mario v. P & C Food Markets, Inc., 313 F.3d 758, 766 (2d Cir. 2002) (“Where parties receive clear notice of the consequences, failure timely to object to a magistrate’s report and recommendation operates as a waiver of further judicial review of the magistrate’s decision.”). Because appellate review is precluded, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from the Order would not be taken in good faith, and, therefore, permission to in forma pauperis for purposes of appeal is denied; accordingly, the case is closed. Dated: New York, New York March 21, 2023 RUBY J. KRAJICK

Clerkof Court BY: K_ Mange DeputyClerk

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Plaintiff, 21 CIVIL 5053 (VEC)JLC) -against- JUDGMENT BUILDING MAINTENANCE SERVICE LLC and ETHICAL CULTURE FIELDSTON SCHOOL, Defendants. wane It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated March 21, 2023, whereas careful review of the R&R reveals that there is no clear error. The R&R is adopted in full and Defendants’ motion to dismiss the Amended Complaint is GRANTED. Ms. Obergh’s Title VII claims are DISMISSED with prejudice, and Ms. Obergh’s NYCHRL claims are DISMISSED without prejudice. Because the R&R gave the parties adequate warning, see R&R at 15, the failure to object to the R&R precludes appellate review of this decision. See Mario v. P & C Food Markets, Inc., 313 F.3d 758, 766 (2d Cir. 2002) (“Where parties receive clear notice of the consequences, failure timely to object to a magistrate’s report and recommendation operates as a waiver of further judicial review of the magistrate’s decision.”). Because appellate review is precluded, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from the Order would not be taken in good faith, and, therefore, permission to in forma pauperis for purposes of appeal is denied; accordingly, the case is closed. Dated: New York, New York March 21, 2023 RUBY J. KRAJICK

Clerkof Court BY: K_ Mange DeputyClerk

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Obergh v. Building Maintenance Services LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/obergh-v-building-maintenance-services-llc-nysd-2023.

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