Padro et al v. Astrue

Filing 126

MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS: In reviewing an R&R, the district 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 )(C). Where, as here, no party has timely objected, "a district court need only satisfy itself that there is no clear error on the face of the record" to adopt the R&R of a magistrate judge. Wilds v. United Parcel Serv., Inc., 262 F. Supp. 2d 163, 169 (S.D.N.Y. 2003) (internal quotation marks omitted). Having reviewed the record, the Court finds no clear error and adopts Magistrate Judge Mann's well-reasoned R&R as the opinion of this Court. Accordingly, the motion to intervene is denied. Ordered by Chief Judge Carol Bagley Amon on 3/21/2013. (Fernandez, Erica)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

---------------------------------------------------------)(
LORRAINE PADRO, et al.,
Plaintiffs,
-againstMICHAEL J. ASTRUE, Commissioner of
Social Security,
Defendant.

---------------------------------------------------------)(
AMON, Chief United States District Judge.

NOT FOR PUBLICATION
MEMORANDUM & ORDER
11-CV-1788 (CBA) (RLM)

FILED

IN CL!RK'S OFFICI!
U.S. DI~"~'RICT COURT E.O.N.Y.

* MAR 22 2013 *
BROOKLYN OFFICE

Before the Court is the Report and Recommendation ("R&R") of the Honorable Roanne
L. Mann, United States Magistrate Judge, dated February 7, 2013.

(DE 119.)

The R&R

recommends that the Court deny movants' motion to intervene. The time for objecting to the
R&R has passed, and no party has objected.
In reviewing an R&R, the district 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)(C).
Where, as here, no party has timely objected, "a district court need only satisfy itself that there is
no clear error on the face of the record" to adopt the R&R of a magistrate judge. Wilds v. United
Parcel Serv., Inc., 262 F. Supp. 2d 163, 169 (S.D.N.Y. 2003) (internal quotation marks omitted).
Having reviewed the record, the Court finds no clear error and adopts Magistrate Judge Mann's
well-reasoned R&R as the opinion of this Court. 1 Accordingly, the motion to intervene is
denied.
SO ORDERED.
,~Jd: Brooklyn, N.Y.

y~ c.-h

&-\

'2013

s/Carol Bagley Amon

c:OtE::lf:02J t

·

Chief Umte States Dtstnct Judge

1

The Court does not adopt the Magistrate Judge's finding on page 9 of the R&R that the Settlement Agreement
incorporates robust relief and substantial protections for the plaintiffs' class. The Court's final opinion regarding the
Settlement Agreement is reserved until after a fairness hearing has been held.