Opinion
No. 02-CV-250A.
March 23, 2004
ORDER
On October 7, 2002, defendant National Labor Relations Board ("NLRB") moved to dismiss the instant case. The case was referred to Magistrate Judge Hugh B. Scott, pursuant to 28 U.S.C. § 636(b)(1), on October 9, 2002. On November 15, 2002, defendant Equal Employment Opportunity Commission ("EEOC") also moved to dismiss. On September 22, 2003, Magistrate Judge Scott filed a Report and Recommendation, recommending that the defendants' motions to dismiss be granted.
Plaintiff, who is proceeding pro se, filed objections to the Report and Recommendation on October 6, 2003, and defendant EEOC filed a response thereto on November 18, 2003. Defendant NRLB did not file a response.
Pursuant to 28 U.S.C. § 636(b)(1), this Court must make a de novo determination of those portions of the Report and Recommendation to which objections have been made. Upon a de novo review of the Report and Recommendation, and after reviewing the submissions of the parties, the Court adopts the proposed findings of the Report and Recommendation.
Accordingly, for the reasons set forth in Magistrate Judge Scott's Report and Recommendation, the motions to dismiss by defendants EEOC and NLRB are hereby granted.
The Court notes that it was informed by letter dated November 14, 2003, from counsel for defendant Quality Markets (The Penn Traffic Company) ("Penn Traffic"), that Penn Traffic has filed for bankruptcy in the United States Bankruptcy Court, Southern District of New York. See Item No. 23. Thus, the case is automatically stayed as against Penn Traffic. See 11 U.S.C. § 362.
Plaintiff and counsel for defendants Penn Traffic and United Food and Commercial Workers International Union (UFCW) ("UFCW") shall appear on May 5, 2004 at 9:00 a.m., for a status conference at which time they shall report on the status of Penn Traffic's bankruptcy proceedings and in the event that the automatic stay is still in effect, discuss whether the case should proceed as against defendant UFCW.
IT IS SO ORDERED.