Lopa et al v. Fireman's Fund Insurance Company

Filing 72

ORDER ADOPTING REPORT AND RECOMMENDATIONS. See attached. Ordered by Judge Sterling Johnson, Jr on 5/16/2014. (Droubi, Luna)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK --------------------------------------------------X FRANK LOPA and ROSEMARY LOPA, Plaintiffs, 11 CV 2973 (SJ) (VMS) -againstORDER OF DISMISSAL FIREMAN’S FUND INSURANCE COMPANY, Defendant. -------------------------------------------------X APPEARANCES LAW OFFICES OF JERRY BROWN 201 West Lake Street, Suite 142 Chicago, IL 60606 By: Jerry Brown Attorney for Plaintiffs ROBINSON & COLE LLP 280 Trumbull Street Hartford, CT 06103 By: John P. Malloy Attorney for Defendant JOHNSON, Senior District Judge: Presently before the Court is a Report and Recommendation (“Report”) prepared by Magistrate Judge Vera M. Scanlon. Judge Scanlon issued the Report on April 30, 2014, and provided the parties with the requisite amount of time to file objections. None of the parties filed any objections to the Report. For the reasons stated herein, this Court affirms and adopts the Report in its entirety. 1 A district court judge may designate a magistrate judge to hear and determine certain motions pending before the Court and to submit to the Court proposed findings of fact and a recommendation as to the disposition of the motion. See 28 U.S.C. § 636(b)(1). Within 14 days of service of the recommendation, any party may file written objections to the magistrate’s report. See id. Upon de novo review of those portions of the record to which objections were made, the district court judge may affirm or reject the recommendations. See id. The Court is not required to review, under a de novo or any other standard, the factual or legal conclusions of the magistrate judge as to those portions of the report and recommendation to which no objections are addressed. See Thomas v. Arn, 474 U.S. 140, 150 (1985). In addition, failure to file timely objections may waive the right to appeal this Court=s Order. See 28 U.S.C. ' 636(b)(1); Small v. Sec=y of Health and Human Servs., 892 F.2d 15, 16 (2d Cir. 1989). In this case, objections to Magistrate Judge Scanlon=s recommendations were due on May 14, 2014. No objections to the Report were filed with this Court. Upon review of the recommendations, this Court adopts and affirms Magistrate Judge Scanlon=s Report in its entirety. SO ORDERED. Dated: May 16, 2014 Brooklyn, NY _________/s/___________________ Sterling Johnson, Jr., U.S.D.J. 2

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