Parker v. Zoox, Inc.

Summary

The United States District Court for the District of Nevada adopted a magistrate judge’s report and recommendation recommending dismissal of Tameka L. Parker’s action against Zoox, Inc. because the complaint duplicated the complaint in another pending action involving the same parties and subject matter. The court dismissed the case, directed the Clerk to close it, and instructed that future related filings be submitted in the other case.

Holdings

1. A plaintiff generally may not maintain two separate actions involving the same subject matter at the same time in the same federal court against the same defendant; because this complaint exactly duplicated the complaint in the earlier action, the case was properly dismissed.
2. The district court adopted the magistrate judge's report and recommendation in its entirety and dismissed the action after finding good cause to do so; no party had objected by the applicable deadline.

Questions Presented

1. Whether the action should be dismissed because the complaint duplicated an action brought by the same plaintiff against the same defendant in the same federal court.
2. Whether the district court should adopt the magistrate judge's report and recommendation when no objections were filed.

Disposition

dismissed