Calvin Reed v. P.O. Andre Logan, et al.

Summary

The United States District Court for the Southern District of New York adopts a magistrate judge’s Report and Recommendation denying Defendants’ motion to dismiss for lack of prosecution and failure to comply with discovery and scheduling orders. The Court warns Plaintiff that continued noncompliance may result in sanctions, including dismissal with prejudice, and directs Defendants to file summary judgment motions within thirty days.

Holdings

1. Because neither party filed timely objections after the objection period expired, both parties waived the right to object to the Report and Recommendation and forfeited appellate review based on objections.
2. The district court adopted the Report and Recommendation in its entirety and denied Defendants' motion to dismiss under Rules 41(b) and 16(f).
3. The court warned that if Plaintiff's failure to comply with court orders persists, it may impose sanctions, including dismissal with prejudice under Rule 41(b).

Questions Presented

1. Whether the parties waived their right to object to the magistrate judge's Report and Recommendation by failing to file timely objections.
2. Whether the district court should adopt the Report and Recommendation recommending denial of Defendants' motion to dismiss under Rules 41(b) and 16(f) for lack of prosecution and failure to comply with discovery and scheduling orders.
3. Whether the district court should warn Plaintiff that continued noncompliance could result in sanctions, including dismissal with prejudice under Rule 41(b).

Disposition

approved