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)
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(dstellings@lchb.com)
Nicholas R. Diamand (ndiamand@lchb.eOm)
Jason L. Lichtman(jlichtman@lchb.com)
Douglas I. Cuthbertson (dcuthbertson@lchb.com)
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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