Shapiro v. Pizza Club Slices & squares et al

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATION. See attached. Ordered by Judge Sterling Johnson, Jr on 2/9/2016. (Figeroux, Davina)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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SETH SHAPIRO,
Plaintiff,
15 CV 156 (SJ) (SMG)
-against-

ORDER ADOPTING
REPORT AND
RECOMMENDATION

PIZZA CLUB SLICES &
SQUARES,
Defendant.
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APPEARANCES
LEMBERG & ASSOCIATES LLC
1100 Sumer Street
Floor 3
Stamford, CT 06905
By:
Sergei Lemberg
Attorneys for Plaintiff

JOHNSON, Senior District Judge:
Presently before the Court is a Report and Recommendation (“Report”)
prepared by Magistrate Judge Steven M. Gold. Judge Gold issued the Report on
September 25, 2015, and provided the parties with the requisite amount of time to
file any objections. Neither party filed any objections to the Report. For the
reasons stated herein, this Court affirms and adopts the Report in its entirety.
A district court judge may designate a magistrate judge to hear and
determine certain motions pending before the Court and to submit to the Court
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proposed findings of fact and a recommendation as to the disposition of the motion.
See 28 U.S.C. § 636(b)(1). Within 10 days of service of the recommendation, any
party may file written objections to the magistrate’s report. See id. Upon de novo
review of those portions of the record to which objections were made, the district
court judge may affirm or reject the recommendations. See id. The Court is not
required to review, under a de novo or any other standard, the factual or legal
conclusions of the magistrate judge as to those portions of the report and
recommendation to which no objections are addressed. See Thomas v. Arn, 474
U.S. 140, 150 (1985). In addition, failure to file timely objections may waive the
right to appeal this Court=s Order. See 28 U.S.C. ' 636(b)(1); Small v. Sec=y of
Health and Human Servs., 892 F.2d 15, 16 (2d Cir. 1989).
In this case, objections to Magistrate Judge Gold=s recommendations were
due on October 12, 2015. No objections to the Report were filed with this Court.
Upon review of the recommendations, this Court adopts and affirms Magistrate
Judge Gold’s Report in its entirety. The Clerk of the Court is directed to close the
case.

SO ORDERED.
Dated: February 9, 2016
Brooklyn, NY

_________/s/___________________
Sterling Johnson, Jr., U.S.D.J.

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