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)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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FRANK LOPA and
ROSEMARY LOPA,
Plaintiffs,
11 CV 2973 (SJ) (VMS)
-againstORDER
OF DISMISSAL

FIREMAN’S FUND INSURANCE
COMPANY,
Defendant.
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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.

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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.

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