Assets Recovery 23, LLC v. Gasper et al

Filing 36

ORDER ADOPTING REPORT AND RECOMMENDATIONS: Having reviewed and considered defendants' objections, I find them meritless, and adopt the Report and its recommendations without limitation or qualification. I ask Magistrate JudgePollak to conduct a hearing on the validity of service as to defendant Marlena Gasper at the Court's convenience and invite further recommendation when appropriate fact-finding is completed. SO Ordered by Judge Raymond J. Dearie on 8/21/2017. (Ramesar, Thameera)

FILED
IN CLERK'S OFFICE
US DISTRICT COURT E.D.N.Y

5
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

AUG2 12017

*

BROOKLYN OFFICE

ASSETS RECOVERY 23, LLC,
MEMORANDUM & ORDER

Plaintiff,

15 CV 5049(RJD)
(CLP)

- against MARLENA GASPER,KAHLIL GASPER,
et al..
Defendants.

DEARIE, District Judge

Defendants Marlena and Kahlil Gasper timely object to a report and recommendation
issued by Magistrate Judge Pollak on July 25,2017,recommending that their motion to dismiss

be denied in part and that a hearing be held regarding the validity of service as to defendant
Marlena Gasper. See ECF No. 34("R&R"), at 2; ECF No. 35("Obj.").

When a party objects to a magistrate judge's report and recommendation,the Court "must

determine de novo any part of the magistrate judge's disposition that has been properly objected
to" and may "accept, reject, or modify,in whole or in part, the findings and recommendations
made by the magistrate judge." Fed. R. Civ. P. 72(b)(3); see also 28 U.S.C. § 636(b)(1)(C). In
ruling on the objection, the Court may rely on the magistrate judge's proposed findings and
recommendation to whatever extent it chooses. United States v. Raddatz. 447 U.S. 667,676

(1980).

Having reviewed and considered defendants' objections, I find them meritless, and adopt
the Report and its recommendations without limitation or qualification. I ask Magistrate Judge
Pollak to conduct a hearing on the validity of service as to defendant Marlena Gasper at the

Court's convenience and invite further recommendation when appropriate fact-finding is
completed.

SO ORDERED.

Dated: Brooklyn, New York

August^,2017

s/ RJD

^EARIl
Unit^ States District Judge