Staff v. Pall Corp.

76 F. App'x 366
CourtCourt of Appeals for the Second Circuit
DecidedSeptember 4, 2003
DocketNo. 03-7002
StatusPublished
Cited by13 cases

This text of 76 F. App'x 366 (Staff v. Pall Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Staff v. Pall Corp., 76 F. App'x 366 (2d Cir. 2003).

Opinion

SUMMARY ORDER

Plaintiff-Counter-Defendant-Appellant Trevor Staff (“Staff”), pro se, appeals from the November 18, 2002 judgment of the United States District Court for the Southern District of New York (Richard M. Berman, Judge) adopting the Report and Recommendation of Magistrate Judge Theodore H. Katz, dated October 17, 2002, and granting summary judgment in favor of Defendants-Counter-Claimants-Appellees on Staff’s claims of discrimination.

Staff, a black male born in Jamaica, filed this action against his former employer, Pall Corporation (“Pall”) and individually named Defendants-Counter-ClaimantsAppellees (collectively, “Appellees”) on February 8, 1999. Staff alleges, among other things, that, on the basis of race, color and national origin, Appellees discriminated and retaliated against him, and subjected him to a hostile work environment in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., 42 U.S.C. § 1981, and the New York State Human Rights Law, N.Y. Exec. Law § 290 et. seq.

On October 17, 2002, Magistrate Judge Theodore H. Katz, to whom the matter had been referred, issued a Report and Recommendation (“Report”) recommending that Appellees’ motion for summary judgment be granted. Staff, through counsel, filed objections to the Report. The District Court adopted the Report in all respects.

Staff raises only two issues on appeal. First, Staff argues that the Report said that a project known as the “20 NM Project” was transferred from him to another employee in 1996, when in fact the transfer of the project occurred in 1997. Thus, according to Staff, his Title VII claim based on this event was timely. Second, Staff argues that his transfer in February 1998 from the R & D Department to the Manufacturing Engineering Department resulted in a change in his title and his job duties. Essentially, Staff argues that his transfer constituted an adverse employment action and that he has therefore established a prima facie case of disparate treatment under Title VII.

In his objections to the Report filed with the District Court, Staff did not assert that the Report erred in stating that the 20 NM Project was transferred to another employee in 1996. In fact, Staff’s objections did not even mention the 20 NM Project. In this Circuit, “failure to object timely to a magistrate judge’s report may operate as a waiver of any further judicial [368]*368review of the decision, as long as the parties receive clear notice of the consequences of their failure to object.” United States v. Male Juvenile, 121 F.3d 34, 38 (2d Cir.1997). The Report informed Staff that “[fjailure to file objections will result in a waiver of those objections for purposes of appeal.” Thus, Staff has waived any arguments relating to his removal from the 20 NM Project.

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Bluebook (online)
76 F. App'x 366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/staff-v-pall-corp-ca2-2003.