Rao et al v. The City of New York et al
Filing
61
ORDER ADOPTING REPORT AND RECOMMENDATION: Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, the Court has reviewed the R&R (Doc. No. 45) 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 motion to amend (Doc. No. 44) is denied. Ordered by Judge Roslynn R. Mauskopf on 12/20/2016. (Taronji, Robert)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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KISHOR KUMAR RAO and
POORNIMA KISHOR,
Plaintiffs,
- against -
ORDER ADOPTING
REPORT AND RECOMMENDATION
14-CV-7422 (RRM)(LB)
THE CITY OF NEW YORK, DETECTIVE KEVIN
WARMHOLD, POLICE OFFICER YISEL
CABRERA, DETECTIVE MICHAEL RISO,
DETECTIVE JOHN GRIDLEY, and
POLICE OFFICERS JOHN DOE #1–10,
Defendants.
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ROSLYNN R. MAUSKOPF, United States District Judge.
On April 5, 2016 – approximately one month prior to the end of discovery – plaintiffs
Kishor Kumar Rao (“Rao”) and Poornima Kishor (“Kishor”) moved to amend their complaint for a
third time. Plaintiffs sought to add a municipal liability claim under 42 U.S.C. § 1983, alleging that
Rao’s arrest was made “using [an] identification card[ ] (“I-cards”) in lieu of attempting to obtain
[an] arrest warrant[ ],” in violation of his constitutional rights. (Pls.’ 4/5/16 Ltr. (Doc. No. 41) at 1.)
On April 11, 2016, the Court referred that motion to Magistrate Judge Lois Bloom for a Report and
Recommendation (“R&R”). On April 26, 2016, Judge Bloom issued an R&R recommending that
plaintiffs’ motion to amend their complaint be denied. (R&R (Doc. No. 45) at 1.) Judge Bloom
found that the amended complaint failed to allege facts sufficient to state a claim that the City of
New York promulgated a custom or policy that violates federal law, as required for municipal
liability under § 1983. (R&R at 2–3.) Judge Bloom also found that defendants would be unduly
prejudiced by the amendment because discovery was almost closed. (R&R at 3.) Finally, Judge
Bloom reminded the parties that, pursuant to Rule 72(b), any objection to the R&R must be filed
within fourteen (14) days. More than fourteen (14) days has passed and no party has filed any
objection.
CONCLUSION
Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, the Court has
reviewed the R&R (Doc. No. 45) 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 motion to amend (Doc. No. 44) is denied.
SO ORDERED.
Roslynn R. Mauskopf
____________________________________
ROSLYNN R. MAUSKOPF
United States District Judge
Dated: Brooklyn, New York
December 20, 2016
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