Pugh-Ouza v. Springhill Suites

Opinion

DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT | DOC#: SOUTHERN DISTRICT OF NEW YORK DATE FILED: 9 /S ( 14

SHANELL PUGH-OUZA, Plaintiff, No. 18-CV-1755 (RA) Vv. ORDER ADOPTING REPORT AND RECOMMENDATION SPRINGHILL SUITES, et al., Defendants.

RONNIE ABRAMS, United States District Judge: Now before the Court is Magistrate Judge Freeman’s July 9, 2019 Report and Recommendation (the “Report”), see Dkt. 103, which recommends that the Court enter an order dismissing Plaintiff's claims against Defendant Arberie Karacica (“Karacica”), without conditions and without prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(2). The parties have not filed any objections to the Report. “When the parties make no objections to the Report, the Court may adopt the Report if there is no clear error on the face of the record.” Galeana v. Lemongrass on Broadway Corp., 120 F. Supp. 3d 306, 310 (S.D.N.Y. 2014) (internal quotation marks omitted). Having reviewed the record for clear error, and found none, the Court adopts Judge Freeman’s Report in its entirety. Accordingly, it is hereby Ordered that: (1) Plaintiff's claims against Defendant Karacica are dismissed without conditions and without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2), and (2) Defendants’ motion for involuntary dismissal of those claims pursuant to Rule 41(b) is denied. The choice not to file written objections waives appellate review of this decision. See United States v. James, 712 F.3d 79, 105 (2d Cir. 2013).

The Clerk of Court is respectfully directed to terminate the motion pending at Dkt. 96.

SO ORDERED. Dated: August 5, 2019 New York, New York Rone Abrams United States District Judge