Dover et al v. British Airways, PLC (UK)

Filing 323

ORDER ADOPTING REPORT AND RECOMMENDATIONS approved. SO Ordered by Judge Raymond J. Dearie on 10/25/2018. (Ramesar, Thameera)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK RUSSELL DOVER,HENRY HORSEY, CODY RANK,and SUZETTE PERRY,on behalfofthemselves and all others similarly situated. Plaintiffs, Case No. l:12-cv-05567(RJD) (CLP) UNOPPOSED MOTION TO ADOPT REPORT & RECOMMENDATION AND ORDER THE CASE CLOSED. -vs.- BRTTISH AIRWAYS,PLC(UK), Defendant. Plaintiffs respectfully ask the Court to adopt Magistrate Judge Pollak's October p, 2018 Report & Recommendation("R&R")approving settlement ofthis matter. (Dkt. 321.) No one objected to the R&R during the objection period, and the deadline to make such objections has now passed. See Fed. R. Civ. P. 72(b)(2); cf. Caidor v. Onondaga Cty., 517 F.3d 601,604(2d Cir. 2008)("[Fjailure to object timely to a magistrate's report operates as a waiver ofany further judicial review ofthe magistrate's decision."). Accordingly, the Court reviews the R&R only for "clear error." See, e.g., Dafeng Hengwei Textile Co. v. Aceco Indus. & Commercial Corp., 54 F. Supp. 3d 279, 283(E.D.N.Y. 2014). The Magistrate Judge's Report was written carefully and benefited significantly from Judge Pollak's work directly with the parties for months to resolve this heavily-litigated case. It does not contain error, particularly not "clear error." Plaintiffs ask the Court to adopt the R&R and order this case closed, which will pllow Plaintiffs and the Class Members to receive their Settlement compensation. Defendants do not oppose this motion. FILED IN CLERK'S OFFICE US DISTRICT COURT E.D.N.Y. ■k OCT 2 6 2018 5 BROOKLYN OFFICE Respectfully submitted, Dated: October 24, 2018 /s/David S. Stellims David S. Stellings David S. Stellings( Nicholas R. Diamand (ndiamand@lchb.eOm) Jason L. Lichtman( Douglas I. Cuthbertson ( LIEFF CABRASER HEIMANN & BERNSTEIN,LLP 250 Hudson Street, 8th Floor New York, NY 10013-1413 212.355.9500 IT IS SO ORDERED. 'M - DATED: f s/ RJD 2018 Ra; United istrict Judge CERTIFICATE OF SERVICE I hereby certify that on October 24,2018,service ofthis document was accomplished via the Court's electronic filing system and that Defendant British Airways has consented to service in this manner. Jason L. Lichtman -3-

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