O'Brien v. Project W

District Court, D. Nevada

O'Brien v. Project W

Trial Court Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Brenna O’Brien, Case No. 2:17-cv-02801-JAD-DJA 4 Plaintiff consolidated with 2:17-cv-02802-JAD-CWH v. 5 Order Adopting Report and Wynn Las Vegas, LLC, Recommendation and Dismissing 6 Complaint with Leave to Amend Defendant by October 21, 2019 7 [ECF No. 4] 8 9 Pro se plaintiff Brenna O’Brien brings this employment-discrimination case based on 10 events that she claims occurred while she was a serverat the La Cave restaurant inside the Wynn 11 Las Vegas Resort. Magistrate Judge Hoffman screened O’Brien’s complaint and recommends 12 that I dismiss it with leave to amend.1 Hefurther recommends that I consolidate case number 13 2:17-cv-02802-JAD-CWH into this one. The deadline for objections to that recommendation 14 passed without objectionor any request to extend the deadline to file one. “[N]o review is 15 required of a magistrate judge’s report and recommendation unless objections are filed.”2 16 IT IS THEREFORE ORDERED that the magistrate judge’s report and recommendation 17 [ECF No. 4] is ADOPTEDin full; 18 IT IS FURTHER ORDERED that case number 2:17-cv-02802-JAD-CWH is 19 CONSOLIDATEDinto this one with this case as the lead case, and the motion for leave to 20 proceed in forma pauperis in that case [ECF No. 1 in 2:17-cv-02802-JAD-CWH] is DENIED 21 22 1 ECF No. 4. 23 2 Schmidt v. Johnstone,

263 F. Supp. 2d 1219, 1226

(D. Ariz. 2003); see also Thomas v. Arn,

474 U.S. 140, 150

(1985); United States v. Reyna-Tapia,

328 F.3d 1114, 1121

(9th Cir. 2003). moot. All future filings should be made in this case—2:17-cv-02801-JAD-CWH—only, as 2|| this is now the lead case; 3 IT IS FURTHER ORDERED that O’Brien’s complaint is DISMISSED without prejudice and with leave to amend by October 21, 2019, if she can cure the deficiencies outlined 5|| in the Report and Recommendation [ECF No. 4]. If O’Brien chooses to file an amended complaint, she must file the “Instructions for amendment” on pages 5—6 of the Report and 7||Recommendation. If O’Brien does not file an amended complaint by October 21, 2019, this 8|| case will be dismissed and closed without further notice. 9 The Clerk of Court is directed to SEND O’Brien a copy of the Report and 10|| Recommendation [ECF No. 4] along with this order. 11 Dated: September 30, 2019

U.S. District Fudge J ennkfer)A. Dorsey 13 14 15 16 17 18 19 20 21 22 23

Reference

Status
Unknown