Opinion
17-CV-7288 (JMF) (OTW)
10-04-2018
ANITA DEODAT, Plaintiff, v. MERCER (US) INC., et al., Defendants.
REPORT & RECOMMENDATION ONA T. WANG, United States Magistrate Judge :
To the Honorable Jesse M. Furman, United States District Court Judge:
Plaintiff pro se Anita Deodat has moved for an "expedited order of injunctive relief and other equitable relief." (ECF 77). At a conference on August 27, 2018, I stayed Plaintiff's motion. (ECF 90 at 29:8-9). Discovery has now closed in this matter, and the parties have a summary judgment briefing schedule. (ECF 98). Construing Plaintiff's filings most liberally and construing them to raise the strongest claims they may suggest, it appears that Plaintiff is essentially seeking both summary judgment against Defendants and is seeking to amend her complaint to add a request for equitable relief.
I thus recommend that Plaintiff's motion be DENIED without prejudice, as she is seeking substantially the same relief she would seek in a summary judgment motion, which Judge Furman has scheduled. Plaintiff should submit anything else she wants to file in support of a motion for summary judgment before Judge Furman. As made clear in Judge Furman's Order, Plaintiff shall inform Judge Furman by October 5, 2018 if she intends to move for summary judgment, and must submit all materials relating to her motion by October 27, 2018.
Pursuant to 28 U.S.C. § 636(b)(1) and Rule 72(b) of the Federal Rules of Civil Procedure, the parties shall have fourteen (14) days (including weekends and holidays) from service of this Report to file written objections. See also Fed. R. Civ. P. 6 (allowing three (3) additional days for service by mail). A party may respond to any objections within fourteen (14) days after being served. Such objections, and any responses to objections, shall be addressed to the Honorable Jesse M. Furman, United States District Judge. Any requests for an extension of time for filing Objections must be directed to Judge Furman.
FAILURE TO FILE OBJECTIONS WITHIN FOURTEEN (14) DAYS WILL RESULT IN A WAIVER OF OBJECTIONS AND WILL PRECLUDE APPELLATE REVIEW. (See Thomas v. Arn, 474 U.S. 140, 155 (1985); IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1054 (2d Cir. 1993); Frank v. Johnson, 968 F.2d 298, 300 (2d Cir. 1992); Wesolek v. Canadair Ltd., 838 F.2d 55, 58 (2d Cir. 1988); McCarthy v. Manson, 714 F.2d 234, 237-38 (2d Cir. 1983)).
The Clerk of Court is directed to mail a copy of this Report and Recommendation to Plaintiff.
Respectfully submitted,
s/ Ona T . Wang
Ona T. Wang
United States Magistrate Judge Dated: October 4, 2018
New York, New York