Solomon et al v. Siemens Industry, Inc. et al
ORDER ADOPTING REPORT AND RECOMMENDATIONS -- On June 21, 2013, Chief Magistrate Judge Gold issued his Report and Recommendation ("R&R"), recommending that the Court grant defendants' motions for summary judgment and dismiss the action. (See R&R, Dkt. Entry No. 193.) Additionally, the magistrate judge denied Plaintiffs' motion to unseal certain documents filed in connection with these motions. Plaintiffs filed objections to the R&R and Defendants opposed. Upon due considerat ion, the Court hereby adopts the characteristically thorough, thoughtful and well-reasoned R&R of Chief Magistrate Judge Gold in its entirety. Accordingly, for the reasons set forth in the ATTACHED WRITTEN SUMMARY ORDER, plaintiffs' objections are overruled, defendants' motions for summary judgment are granted, the magistrate judge's order denying the unsealing of certain documents is affirmed and this action is DISMISSED. Defendants are directed to serve a copy of this Electroni c Order and the Attached Written Summary Order to pro se plaintiffs and immediately thereafter file proof of such service via ECF. The Clerk of the Court is directed to close this case. SO ORDERED by Judge Dora Lizette Irizarry on 3/26/2014. (Irizarry, Dora)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
ROBERT SOLOMON, JANE B. SOLOMON, :
and FIRST KEYSTONE CONSULTANTS,
SIEMENS INDUSTRY, INC.,
SCHLESINGER-SIEMENS LLC, SIEMENS :
AG, FRANK KRUTEMEIER, and MANATT, :
PHELPS & PHILLIPS, LLP,
SUMMARY ORDER ADOPTING
REPORT AND RECOMMENDATION
DORA L. IRIZARRY, U.S. District Judge:
Plaintiffs filed this action against defendants asserting various claims arising from a
failed business venture involving plaintiffs, defendants, and other non-parties.
Manatt, Phelps & Phillips, LLP (“Manatt”) and Seimans Industry, Inc. (“SII”) moved for
summary judgment (see Manatt Motion for Summary Judgment, Dkt. Entry No. 119; SII Motion
for Summary Judgment, Dkt. Entry No. 118), which plaintiffs opposed (see Plaintiffs’
Opposition, Dkt. Entry Nos. 143, 144). On July 11, 2012, the Court referred these motions to the
Honorable Steven M. Gold, Chief United States Magistrate Judge for the Eastern District of New
York, to prepare a Report and Recommendation. On June 21, 2013, Chief Magistrate Judge
Gold issued his Report and Recommendation (“R&R”), recommending that the Court grant the
motions for summary judgment in favor of defendants Manatt and SII and recommending
dismissal of the action. (See R&R, Dkt. Entry No. 193.) Additionally, the magistrate judge
denied Plaintiffs’ motion to unseal certain documents filed in connection with these motions.
(See R&R at 33-36.) Plaintiffs filed objections to the R&R (see Plaintiff’s Objections (“Pls.’
Obj.”), Dkt. Entry No. 197), which defendants Manatt and SII jointly opposed (see Manatt & SII
Opposition to Pls.’ Obj. (“Defs.’ Opp’n to Obj.”), Dkt. Entry No. 216).
STANDARD OF REVIEW
When a party objects to a R & R, a district judge must make a de novo determination
with respect to those portions of the R & R to which the party objects. See FED. R. CIV. P. 72(b);
United States v. Male Juvenile, 121 F. 3d 34, 38 (2d Cir. 1997). If, however, a party makes
conclusory or general objections, or attempts to relitigate the party’s original arguments, the
court will review the R & R for clear error.
Robinson v. Superintendent, Green Haven
Correctional Facility, 2012 WL 123263, at *1 (E.D.N.Y. Jan. 17, 2012) (quoting Walker v.
Vaughan, 216 F. Supp. 2d 290, 292 (S.D.N.Y. 2002)). The district court may then “accept,
reject, or modify the recommended disposition; receive further evidence; or return the matter to
the magistrate judge with instructions.” Fed. R. Civ. P. 72(b); see also 28 U.S.C. § 636(b)(1).
As a preliminary matter, plaintiffs do not object to the portions of the R&R that
recommend dismissal of the: (1) second, third, and fifth causes of action as time-barred (see
R&R at 13-15); (2) eighth through eleventh causes of action, premised on Manatt’s aiding and
abetting SII (see R&R at 29-30); (3) twelfth and fourteenth causes of action seeking punitive
damages and alleging a conspiracy among the defendants (see R&R at 30-31); and (4) thirteenth
cause of action for intentional infliction of emotional distress (see R&R at 31-33). The Court has
reviewed the submissions in connection with this motion and hereby adopts the unopposed
recommendations of the R&R as to these claims. Accordingly, the second, third, fifth, eighth,
ninth, tenth, eleventh, twelfth, thirteenth, and fourteenth causes of action are dismissed.
Plaintiffs object to the magistrate judge’s recommendation that the first, fourth, sixth, and
seventh causes of action which assert tax loss claims, be dismissed. (See R&R at 15-29; Pls.’
Obj. at 3-28.) It is apparent that plaintiffs seek to relitigate many of the issues already briefed in
their opposition to summary judgment. Nonetheless, the Court has carefully considered each of
plaintiffs’ objections. Upon review of the characteristically thorough, thoughtful, and wellreasoned R&R of Chief Magistrate Judge Gold, the Court hereby adopts the R&R in its entirety.
Accordingly, the Court dismisses the first, fourth, sixth, and seventh causes of action.
Plaintiffs also challenge the magistrate judge’s denial of their motion to unseal the
documents exchanged during discovery and relied upon by the parties in connection with the
briefing for the motion for summary judgment. (See Pls.’ Obj. at 29-33.) As a preliminary
matter, the objections to Magistrate Judge Gold’s final order were untimely as they were not
properly filed or served on defendants within the deadlines for such objections. See Fed. R. Civ.
P. 72(a)(“A party may not assign as error a defect in the order not timely objected to.”).
Moreover, the objections lack merit.
Again, the Court incorporates by reference Chief
Magistrate Judge Gold’s thoughtful discussion of the issues underlying the final order denying
plaintiffs’ motion, which this Court incorporates in full. Accordingly, plaintiffs’ request to
unseal the documents is denied.
Upon due consideration, the R&R is adopted in its entirety. The complaint is dismissed
as to all defendants. Furthermore, Magistrate Judge Gold’s order denying plaintiffs’ motion to
unseal will remain in force notwithstanding the dismissal of this action.
Dated: Brooklyn, New York
March 26, 2014
DORA L. IRIZARRY
United States District Judge
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