Opinion
2:19-cv-19150 (ES)(CLW)
01-11-2021
LEONARD F. REID, Plaintiff, v. HILTON PENN STATION DOUBLE TREE, Defendant.
REPORT AND RECOMMENDATION
WHEREAS Plaintiff Leonard F. Reid ("Plaintiff") initiated this action on or about October 21, 2019 [D.E. 1]; and
WHEREAS Defendant Hilton Penn Station Double Tree ("Defendant") answered Plaintiff's complaint on or about December 4, 2019 [D.E. 3]; and
WHEREAS this matter comes before the undersigned upon the referral of the Honorable Esther Salas; and
WHEREAS the undersigned scheduled an initial conference for January 14, 2020, which Plaintiff failed to attend [D.E. 4, 7]; and
WHEREAS due to Plaintiff's non-appearance, the undersigned rescheduled the initial conference for March 3, 2020, which Plaintiff likewise failed to attend [D.E. 7, 8]; and
WHEREAS on or about June 8, 2020, Defendant issued discovery demands to Plaintiff via Regular Mail and Certified Mail RRR [D.E. 14-1, Ex. A]; and
WHEREAS on or about August 5, 2020, Defendant informed Plaintiff via Regular Mail and Certified Mail RRR that Defendant had not received Plaintiff's discovery responses [D.E. 14-1, Ex. B]; and
WHEREAS at a status conference held on September 14, 2020, Plaintiff stated that he did not receive Defendant's discovery demands; the undersigned directed Defendant to send the discovery demands to Plaintiff via email; and the undersigned informed Plaintiff that Plaintiff's failure to respond to Defendant's discovery demands would result in a recommendation for dismissal of this matter for failure to prosecute [D.E. 13]; and
WHEREAS Defendant forwarded its discovery demands to Plaintiff via email on or about September 15, 2020 [D.E. 14-1, Ex. D]; and
WHEREAS on November 25, 2020 the undersigned ordered Plaintiff to show cause by telephone on December 16, 2020 why this matter should not be dismissed for Plaintiff's failure to respond to Defendant's discovery demands [D.E. 15]; and
WHEREAS the undersigned's November 25, 2020 Order was mailed and emailed to Plaintiff [D.E. 15]; and
WHEREAS Plaintiff failed to appear or otherwise show cause as directed on December 16, 2020;
IT IS RESPECTFULLY RECOMMENDED on this 11th day of January, 2021:
that the above case be dismissed in accordance with L. Civ. R. 41.1 without prejudice and without cost to any party; and
IT IS FURTHER RESPECTFULLY RECOMMENDED
that the Clerk of Court close this case accordingly.
The parties have fourteen (14) days to file and serve objections to this Report and Recommendation pursuant to 28 U.S.C 636 and L. Civ. R. 71.1(c)(2).
/s/ Cathy L . Waldor
Cathy L. Waldor
United States Magistrate Judge