Dominguez v. Miller et al

Filing 82

MEMORANDUM AND ORDER adopting Report and Recommendation: No party has objected to the R&R, and the time for doing so has passed. Where no timely objections have been filed, a district court "need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation." Fed. R. Civ. P. 72, Notes of Advisory Committee; Jarvis v. N. Am. Globex Fund, L.P, 823 F.Supp.2d 161, 163 (E.D.N.Y.2011). The Court has reviewed the record and, finding no clear error in the R&R, hereby adopts it in its entirety as the opinion of the Court. The amended complaint is dismissed as to all defendants. The Clerk of Court is directed to enter judgment accordingly and close this case. Ordered by Chief Judge Carol Bagley Amon on 2/25/2013. (fwd for judgment) (Fernandez, Erica)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

---------------------------------------------------------)(
PHILIP DOMINGUEZ,
Plaintiff,

NOT FOR PUBLICATION
MEMORANDUM & ORDER
12-cv-231 (CBA) (LB)

-againstWILLIAM R. MILLER, LONG ISLAND
RAILROAD COMPANY, M.D. CHIRILLO, D.J.
HORRELL, MICHAEL BARTO, RICHARD
KRASON,GEORGEFARRELL,ARTHUR
MARATEA, MICHAEL MCDERMOTT, SCOTT
PETRAGLIA, and MARILYN KUSTOFF,
Defendant.

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AMON, Chief United States District Judge.

INC~ILED

* FEB 26 2013 *
U.s. lliSTRICTRK'S OFFtce
COURre

.D.N. Y.

BROOKLYN OF
FICE

Plaintiff Philip Dominguez brings this action for violations of the Railway Labor Act, 45
U.S.C. § 151, et seq. and the United States Constitution against defendants William R. Miller,
Long Island Railroad Company ("LIRR"), M.D. Chirillo, D.J. Horrell, Michael Barto, Richard
Krason, George Farrell, Arthur Maratea, Michael McDermott, Scott Petraglia, and Marilyn
Kustoff (collectively, "defendants"). Defendants move to dismiss under various subsections of
Fed. R. Civ. P. 12(b). Now before the Court is Magistrate Judge Lois Bloom's Report and
Recommendation ("R&R") recommending that defendant Krason's motion to dismiss for lack of
personal jurisdiction be denied, but that defendants' motion to dismiss the amended complaint
for failure to state a claim be granted.
No party has objected to the R&R, and the time for doing so has passed. Where no timely
objections have been filed, a district court "need only satisfy itself that there is no clear error on
the face of the record in order to accept the recommendation." Fed. R. Civ. P. 72, Notes of
Advisory Committee; Jarvis v. N. Am. Globex Fund, L.P, 823 F.Supp.2d 161, 163 (E.D.N.Y.

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2011 ). The Court has reviewed the record and, finding no clear error in the R&R, hereby adopts
it in its entirety as the opinion of the Court. 1
The amended complaint is dismissed as to all defendants. The Clerk of Court is directed to
enter judgment accordingly and close this case.

SO ORDERED.
Dated: Brooklyn, NY,
February~,

2013

s/Carol Bagley amon

"K. J
/Carol Ba{Jey Aion
Chief United States District Judge
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1
The Court notes the minor correction that Fang v. Am. Airlines, Inc., cited in footnote 7 of the R&R, is improperly
cited as a Ninth Circuit Court of Appeals decision. The proper citation is 431 F. Supp. 1340 (N.D. Cal. 1977).

2