Safety-Kleen Systems, Inc. v. Silogram Lubricants Corporation

Filing 30

MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATIONS: The R&R gave proper notice that any objection must have been filed within 14 days. Neither plaintiff nor defendant has objected to Judge Pollak's R&R, much less within the time prescribed by 28 U.S.C. § 636(b)(1). In accord with the applicable standard of review, the Court finds Judge Pollak's R&R to be correct, well-reasoned, and free of any clear error. The Court, therefore, adopts it in its entirety as the opinion of the Court. Accordingly, plaintiff's motion to amend its complaint is denied. Ordered by Judge Eric N. Vitaliano on 12/18/2013. (Fernandez, Erica)

FILED

.. cLERK'S OFFICE

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

U.S. DISTRICT COURT EO.N.Y.

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SAFETY-KLEEN SYSTEMS, INC.,

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DEC 2 3 2013

X

BROOKl-YN Ofh(;f.:

Plaintiff,
MEMORANDUM & ORDER
-against12-cv-4849 (ENV) (CLP)
SILOGRAM LUBRICANTS CORPORATION
doing business as ROYAL LUBE CO.,
Defendant.

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VITALIANO, D.J.,
On November 15, 2013, Magistrate Judge Cheryl L. Pollak issued her Report
and Recommendation ("R&R") determining that plaintiff's motion to amend its
complaint to add causes of action for fraudulent conveyance under the New York
Debtor & Creditor Law and to add several new defendants be denied.
In reviewing an R&R of a magistrate judge, a district judge "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). A district judge is required to "make a de

novo determination upon the record, or after additional evidence, of any portion of
the magistrate judge's disposition to which specific written objection has been
made" by any party, Fed. R. Civ. P. 72(b). But, where no timely objection has been
made, the "district court need only satisfy itself that there is no clear error on the
face of the record" to accept a magistrate judge's report and recommendation.

Urena v. New York, 160 F. Supp. 2d 606, 609-10 (S.D.N.Y. 2001) (quoting Nelson v.

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Smith, 618 F. Supp. 1186, 1189 (S.D.N.Y. 1985)).
The R&R gave proper notice that any objection must have been filed within
14 days. Neither plaintiff nor defendant has objected to Judge Pollak's R&R, much
less within the time prescribed by 28 U.S. C.§ 636(b)(1). In accord with the
applicable standard of review, the Court finds Judge Pollak's R&R to be correct,
well-reasoned, and free of any clear error. The Court, therefore, adopts it in its
entirety as the opinion of the Court.
Conclusion
Accordingly, plaintiff's motion to amend its complaint is denied.
SO ORDERED.
Dated:

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Brooklyn, New York
December 18, 2013

s/Eric N. Vitaliano

United States District Judge

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