Citation Codes Equivalent Citations citation codes Docket Number 08 Civ. 11373 (LAK). Motions Motion to dismiss : Granted Motion to dismiss : Granted Judges Lewis A. Kaplan See more information ... Smart Summary Please sign up to generate summary. HEYWARD JOHNSON, JR., Plaintiff, v. VERIZON, Defendant. ORDER LEWIS KAPLAN, District Judge In a report and recommendation dated September 21, 2009, Magistrate Judge Gabriel Gorenstein recommended that plaintiff's motion to dismiss the complaint as untimely be granted. Plaintiff's objection is frivolous and is overruled. The motion to dismiss the complaint is granted. The Clerk shall close the case. SO ORDERED.