Bank v. Hydra Group LLC

Filing 141

ORDER ADOPTING REPORT AND RECOMMENDATIONS: Accordingly, the Court DENIES Plaintiff s motion for leave to file a Second Amended Complaint. (See D.E. # 123-24, 127, 138.) In addition, the Court notes that this action has proceeded for more than seven years. Three district judges and three magistrate judges have presided over this case. In particular, Magistrate Judge Scanlon has expended significant time and resources refereeing the discovery period, which began on February 15, 2012. This case ca lls for swift resolution of the merits. Accordingly, this Court ORDERS that the parties shall complete all additional discovery by January 31, 2018. The Court respectfully refers any remaining discovery disputes to Magistrate Judge Scanlon. The Court further ORDERS that the deadline for submitting a proposed joint pretrial order is set for February 28, 2018. The Court respectfully refers any proposed joint pretrial order to Magistrate Judge Scanlon for review. Ordered by Judge Carol Bagley Amon on 1/3/2018. (Fernandez, Erica)

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK

-k Mk^k't4 - 2018 ^
X

'

TODD C. BANK,Individually and on Behalf
of All Others Similarly Situated,
Plaintiff,
. .
-against-

NOT FOR PUBLICATION
ORDER

lO-CV-1770(CBA)
(VMS)

HYDRA GROUP LLC,
Defendant.

AMON,United States District Judge:

The Court has received the Report and Recommendation("R&R")of the Honorable Vera

M.Scanlon, United States Magistrate Judge,for the instant action filed by prose Plaintiff Todd C.

Bank. (D.E.# 138.) Magistrate Judge Scanlon recommends that this Court deny Plaintiffs motion
for leave to file a Second Amended Complaint pursuant to Rule 15(a)(2) of the Federal Rules of
Civil Procedure. (See D.E.# 123-24,127.)

No party has objected to the R&R,and the time for doing so has passed.> When deciding
whether to adopt an R&R,the Court"may accept,reject, or modify,in whole or in part,the findings
or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1). To accept those

portions ofthe R&R "to which no timely objection has been made,a district court need only satisfy
itself that there is no clear error on the face of the record." Jarvis v. N. Am. Globex Fund, L.P.,

823 F. Supp.2d 161,163(E.D.N.Y. 2011)(quoting Wilds v. United Parcel Serv.,262 F. Supp. 2d
163, 169(S.D.N.Y. 2003)).

'On December 4,2017,Plaintifffiled with Magistrate Judge Scanlon a motion for reconsideration of her R&R. (D.E.
# 139.) She denied the motion on December 20,2017. (D.E.# 140.) Under well-settled law m this Circuit a motion
for reconsideration to the magistrate judge is not the proper procedural vehicle for rising an objection to this Court
under Rule 72 of the Federal Rules of Civil Procedure. See, e.g., Mestecky v. N Y.C. Dep t of Educ Na 13-CV4302 fCBA) 2016 WL 7217637, at *2(E.D.N.Y. Dec. 12,2016)(collecting cases); cf Koehlerv. Bank of Bermuda
Ltd. No. 18-M-302,2003 WL 466206, at *l (S.D.N.Y. Feb. 21,2003). And despite proceeding prose, a practicing
lawyer like Plaintiff "ordinarily receives no ...solicitude at all" fi-om this Court with respect to construing cou
filings. Tracy v. Freshwater. 623 F.3d 90, 102(2d Cir. 2010)(collecting cases).
1

The Court has reviewed Magistrate Judge Scanlon's thorough and careful R&R, the

proposed Second Amended Complaint, and the record evidence, such as the June 2010 asset

purchase agreement between Defendant Hydra Group LLC and proposed co-Defendant
Adknowledge,Inc. The Court finds no clear error and adopts the R&R as the opinion ofthe Court.

Accordingly, the Court DENIES Plaintiffs motion for leave to file a Second Amended

Complaint. (See D.E. # 123-24, 127, 138.) In addition, the Court notes that this action has

proceeded for more than seven years. Three district judges and three magistrate judges have

presided over this case. In particular. Magistrate Judge Scanlon has expended significant time and
resources refereeing the discovery period, which began on February 15,2012. This case calls for
swift resolution ofthe merits. Accordingly,this Court ORDERS that the parties shall complete all

additional discovery by January 31, 2018. The Court respectfully refers any remaining discovery

disputes to Magistrate Judge Scanlon. The Court further ORDERS that the deadline for submitting
a proposed joint pretrial order is set for February 28, 2018. The Court respectfully refers any
proposed joint pretrial order to Magistrate Judge Scanlon for review.
SO ORDERED.

Dated: January^ ,2018
Brooklyn,New York

s/Carol Bagley Amon
Carol Bagley

United States Distri^udge