Rebenstorf v. City of New York et al

Filing 57

ORDER ADOPTING REPORT AND RECOMMENDATIONS of Magistrate Judge Go in full, and the motion to vacate is denied. ( Ordered by Judge Brian M. Cogan on 12/8/2016 ) c/m (Guzzi, Roseann)

C/M
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
----------------------------------------------------------GLENN W. REBENSTORF,
Plaintiff,
- against CORRECTION OFFICER JEFFREY GRANT,
Shield # 18559,
Defendant.
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ORDER
15 Civ. 5784 (BMC)(MDG)

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COGAN, District Judge.
This case is before me on pro se plaintiff’s objections to the Report and Recommendation
(“R&R”) of Magistrate Judge Marilyn D. Go, dated December 2, 2016, in which she
recommended denial of plaintiff’s motion to vacate the parties’ written settlement agreement.
Familiarity with the R&R is assumed, but to summarize, Judge Go recommended denial of the
motion because plaintiff’s mental condition is not a sufficient basis for vacating the settlement
agreement. Plaintiff has objected to the R&R on essentially the same grounds that he raised
before Judge Go.
Pursuant to 28 U.S.C. § 636(b)(1)(C), I can “accept, reject, or modify, in whole or in part,
the findings or recommendations made by the magistrate judge.” The standard of review
applicable to this decision is de novo, id.; see U.S. v. Romano, 794 F.3d 317, 340 (2d Cir. 2015),
except that the clear error standard applies if a party merely reiterates his original arguments.
Chime v. Peak Sec. Plus, Inc., 137 F. Supp. 3d 183, 187 (E.D.N.Y. 2015); DePrima v. N.Y.C.
Dep't of Educ., No. 12-CV-3626, 2014 WL 1155282, at *3 (E.D.N.Y. Mar. 20, 2014).

Plaintiff raises no new arguments in his objections. There is no credible evidence that
plaintiff was unable to understand the terms of the settlement agreement to which he voluntarily
agreed. I therefore adopt the Report and Recommendation in full, and the motion to vacate is
denied.
SO ORDERED.

Digitally signed by
Brian M. Cogan
______________________________________
U.S.D.J.

Dated: Brooklyn, New York
December 8, 2016

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