Noboa v. Toron Restoration Corp. et al

Filing 30

ORDER ADOPTING REPORT AND RECOMMENDATIONS, plaintiff's motion to amend the complaint to withdraw the class and collective action claim is granted, and plaintiff will be permitted to file an amended complaint, naming Salomon Stalin Noboa and John Enrique Noboa as plaintiffs, by April 2, 2015. The plaintiff's motion for default judgment is denied without prjeuidce, and a renewed motion for default judgment may be filed if defendants fail to answer the amended complaint. ( Ordered by Judge Allyne R. Ross on 3/25/2015 ) (Guzzi, Roseann)

FILED
IN CLERK'S OFFICE
U.S. DISTRICT COURT E.D NY

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

MAR 2 o 2015

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BROOKLYN OFFICE

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14-CV-730 (ARR)(CLP)

DARWIN NOBOA,
Plaintiff,

NOT FOR ELECTRONIC
OR PRINT PUBLICATION

-againstORDER
TORON RESTORATION CORP.,
FERNANDO POUSO, and JOSE LUIS
MARTINEZ,
Defendants.

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ROSS, United States District Judge:
The court has received the Report and Recommendation on the instant case dated March
2, 2015, from the Honorable Cheryl L. Pollak, United States Magistrate Judge. No objections
have been filed. Accordingly, the court has reviewed the Report and Recommendation for clear
error on the face of the record. See Advisory Comm. Notes to Fed. R. Civ. P. 72(b); accord
Brissett v. Manhattan & Bronx Surface Transit Operating Auth., No. 09-CV-1930682 (CBA)
(LB), 2011WL1930682, at *1 (E.D.N.Y. May 19, 2011). Having reviewed the record, I find no
clear error. I hereby adopt the Report and Recommendation, in its entirety, as the opinion of the
Court pursuant to 28 U.S.C. § 636(b)(1 ).
Therefore, the plaintiff's motion to amend the Complaint to withdraw the class and
collective action claims is granted, and the plaintiff will be permitted to file an amended
complaint, naming Salomo.n Stalin Noboa and John Enrique Noboa as plaintiffs, by April 2,
2015. The plaintiffs motion for default judgment is denied without prejudice, and a renewed
motion for default judgment may be filed if defendants fail to answer the amended complaint.

SO ORDERED.

/s/(ARR)
Allyne R.
United Sta
Dated: March 25, 2015
Brooklyn, New York

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