Isigi v. Harry's Nurses Registry et al

Filing 20

MEMORANDUM and ORDER ADOPTING REPORT AND RECOMMENDATION: There being no error the Court adopts MJ Gold's Report and Recommendation 18 without de novo review, directs the Judgment Clerk to note defendants default, and orders plaintiff to file a motion for default judgment with respect to liability and damages by March 6, 2017. Ordered by Judge Frederic Block on 1/6/2017. (Innelli, Michael)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
--------------------------------------------------x
ROSELYN ISIGI,
Plaintiff,
-against-

MEMORANDUM AND ORDER
16-cv-2218 (FB) (SMG)

HARRY DORVILIER and HARRY’S
NURSES REGISTRY, INC.,
Defendants.
--------------------------------------------------x
Appearances:
For Plaintiff:
JONATHAN A. BERNSTEIN
Levy Davis & Maher LLP
39 Broadway, Suite 1620
New York, NY 10006

For Defendants:
ROBERT SCHIRTZER
Law Office of Robert Schirtzer, Esq.,
P.C.
104-18 Metropolitan Avenue
Forest Hills, NY 11375

BLOCK, Senior District Judge:
On October 10, 2016, Magistrate Judge Steven M. Gold issued a Report and
Recommendation (“R&R”) recommending that, if the defendants did not serve initial
disclosures and responses to interrogatories by October 27, 2016, the Court enter default
of defendants. The defendants did not serve such discovery, no objections have been
filed to date, and defendants’ opportunity to object has passed.
Where there are no objections, the Court may adopt the R&R without de novo
review. See Thomas v. Arn, 474 U.S. 140, 149–50 (1985); Mario v. P & C Food Mkts.,
Inc., 313 F.3d 758, 766 (2d Cir. 2002) (“Where parties receive clear notice of the
consequences, failure timely to object to a magistrate’s report and recommendation

operates as a waiver of further judicial review of the magistrate’s decision.”). The
Court must conduct de novo review if it appears that the magistrate judge may have
committed plain error. See Spence v. Superintendent, Great Meadow Corr. Facility,
219 F.3d 162, 174 (2d Cir. 2000). No such error appears here. Accordingly, the Court
adopts the R&R without de novo review, directs the Judgment Clerk to note defendants’
default, and orders plaintiff to file a motion for default judgment by March 6, 2017.
SO ORDERED.
/S/ Frederic Block________
FREDERIC BLOCK
Senior United States District Judge
Brooklyn, New York
January 4, 2016

2