Cabacoff v. Federal Express Corporation-Ground

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Robert Cabacoff
v.
Federal Express Corporation-Ground
Case No. 23-cv-084-LM
O R D E R
After due consideration of the objection filed, the court approves the Report
and Recommendation of Magistrate Judge Andrea K. Johnstone dated July 11,
2023, and makes one clarification.
The court denies defendant’s motion to dismiss (doc. no. 7) to the extent that
Count I alleges that Cabacoff was not provided with a copy of his personnel file.
The motion is granted in all other respects, with one clarification. Given Cabacoff’s
pro se status as well as his request in his complaint to “reserve[] the right to file an
amended complaint” once he obtains “the bulk of the plaintiff’s personnel records,”
(doc. no. 1-1 at 20), the court dismisses Counts II, III, and IV without prejudice to
Cabacoff’s right to amend his complaint. Any amended complaint must be filed on
or before September 30, 2023. If Cabacoff does not file an amended complaint by
that date, the court will dismiss Counts II, III, and IV of the complaint with
prejudice. See Towle v. Ocwen Servicing, LLC, No. 15-cv-189-LM, 2015 WL
4506964, at *2 (D.N.H. July 23, 2015).
SO ORDERED.
____________________________
Landya B. McCafferty
United States District Judge
August 31, 2023
cc: Robert Cabacoff, pro se
Counsel of Record
Case 1:23-cv-00084-LM Document 16 Filed 08/31/23 Page 1 of 1