Trustees of the Local 7 Tile Industry Welfare Fund, the Local 7 Tile Industry Annuity Fund, and the Tile Layers Local Union 52 Pension Fund et al v. Sesso Tile & Stone Contractors, Inc. et al

Filing 33

ORDER ADOPTING REPORT AND RECOMMENDATION. See attached. The parties are directed to proceed to discovery. Ordered by Judge Sterling Johnson, Jr on 9/2/2016. (Figeroux, Davina)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
-------------------------------------------------------X
TRUSTEES OF THE LOCAL 7 TILE
INDUSTRY WELFARE FUND, et al.,
Plaintiffs,
15 CV 6124 (SJ) (RML)
-against-

ORDER ADOPTING
REPORT AND
RECOMMENDATION

SESSO TILE & STONE CONTRACTORS,
INC. et al.,
Defendants.
-------------------------------------------------------X
APPEARANCES
VIRGINIA AND AMBINDER LLP
40 Broad Street
7th Floor
New York, NY 10004
By:
Jonathan Roffe
Todd Dickerson
Nicole Marimon
Attorneys for Plaintiffs
MILMAN LABUDA LAW GROUP PLLC
3000 Marcus Avenue
Suite 3W8
Lake Success, NY 11042
By:
Robert F. Milman
Emanuel Kataev
Attorneys for Defendants

JOHNSON, Senior District Judge:
Presently before the Court is a Report and Recommendation (“Report”)
prepared by Magistrate Judge Robert Levy. Judge Levy issued the Report on
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August 18, 2016, and provided the parties until September 1, 2016 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
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 Levy’s recommendations were
due on September 1, 2016. No objections to the Report were filed with this Court.
Upon review of the recommendations, this Court adopts and affirms Magistrate
Judge Levy’s Report in its entirety.

The parties are directed to proceed with

discovery before Judge Levy.

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SO ORDERED.
Dated: September 2, 2016
Brooklyn, NY

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

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