Dominguez v. B S Supermarket, Inc. et al

Filing 47

ORDER ADOPTING REPORT AND RECOMMENDATION: For the reasons stated in the attached written Order, the Court adopts the Report and Recommendation of Magistrate Judge Cheryl L. Pollak and VACATES this Court's Default Judgment issued in favor of pla intiff as against defendants BS Supermarket Inc. and Eddy L. Fernandez (Doc. No. 29 ). This action is re-committed to Magistrate Judge Pollak for supervision of all pre-trial matters. Ordered by Judge Roslynn R. Mauskopf on 1/4/2017. (Mauskopf, Roslynn)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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PEDRO DOMINGUEZ,
Plaintiff,

- against -

ORDER ADOPTING REPORT
AND RECOMMENDATION
13-CV-7247(RRM) (CLP)

B S SUPERMARKET, INC, ET AL.,
Defendants.
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ROSLYNN R. MAUSKOPF, United States District Judge.
By Motion filed May 9, 2016, defendants moved to vacate the default judgment entered
on March 30, 2015 in favor of plaintiff Pedro Dominguez as against defendants BS Supermarket
Inc. and Eddy L. Fernandez, jointly and severally (Doc. No. 29). By Order entered May 24,
2016, this Court referred that motion to the assigned Magistrate Judge, the Honorable Cheryl L.
Pollak, for a Report and Recommendation. On December 1, 2016, Judge Pollak issued a Report
and Recommendation (the “R&R”) recommending that defendants’ motion be granted, and
reminded the parties that, pursuant to Rule 72(b), any objection to the R&R was due by
December 15, 2016. No party has filed an objection.
Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, the Court has
reviewed the R&R for clear error and, finding none, concurs with the R&R in its entirety. See
Covey v. Simonton, 481 F. Supp. 2d 224, 226 (E.D.N.Y. 2007).
Accordingly, it is hereby ORDERED that the Clerk’s entry of default as against
defendants B S Supermarket, Inc. and Eddy L. Fernandez is VACATED, and the matter is

recommitted to Magistrate Judge Pollak for supervision of all pre-trial matters.

SO ORDERED.
Roslynn R. Mauskopf
____________________________________
ROSLYNN R. MAUSKOPF
United States District Judge

Dated: Brooklyn, New York
January 4, 2017

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