Rogers v. Keurig Dr Pepper The American Bottling Company

Opinion

In the United States District Court for the District of Kansas _____________

Case No. 24-cv-02589-TC-BGS _____________

JAMES ROGERS, JR.,

Plaintiff

v.

KEURIG DR PEPPER THE AMERICAN BOTTLING COMPANY,

Defendant _____________

ORDER

Magistrate Judge Brooks G. Severson issued a Report and Recom- mendation, recommending that this case be dismissed on two grounds. Doc. 10. One is that the plaintiff, James Rogers, Jr., has failed to com- ply with court orders and local rules, warranting dismissal under Fed- eral Rule of Civil Procedure 41. Id. at 1–3. The other is that Rogers’s Complaint fails to state a plausible employment discrimination claim because he did not allege that he exhausted his administrative remedies before suing his former employer. Id. at 3–5. The R&R provided the parties with fourteen days after being served to file written objections and noted that failure to object within the fourteen-day period would preclude appellate review. Id. at 5. The R&R was entered on May 6, 2025. When a magistrate judge issues a report and recommendation on a pretrial matter, a party objecting to the recommendation must “serve and file specific, written objections to the proposed findings and rec- ommendations.” Fed. R. Civ. P. 72(b)(2). Where a party fails to make a proper objection, a district court may review the recommendation under “any standard it deems appropriate,” even for clear error. Sum- mers v. Utah, 927 F.2d 1165, 1167 (10th Cir. 1991) (citations omitted). More than fourteen days have passed without any written objec- tion. And, after reviewing the pleadings submitted, there appears to be no clear error in Judge Severson’s reasoning or recommendation. As a result, the R&R is adopted in its entirety. It is so ordered.

Date: May 27, 2025 s/ Toby Crouse Toby Crouse United States District Judge