Empire Fire and Marine Insurance Company v. Algerio et al

Filing 33

MEMORANDUM and ORDER ADOPTING REPORT AND RECOMMENDATION: The Court adopts MJ Gold's Report and recommendation 31 without de novo review and grants Empires Motion for Default Judgment. Ordered by Judge Frederic Block on 11/30/2017. (Innelli, Michael)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK --------------------------------------------------x EMPIRE FIRE AND MARINE INSURANCE CO., Plaintiff, -against- MEMORANDUM AND ORDER 1:16-cv-2990(FB)(SMG) JOSEPH ALGERIO, ALI KAZIM, STAR CRUISER TRANSPORTATION, ENTERPRISE HOLDINGS, INC., and DENNISE DIPPOLITO, individually, Defendants. --------------------------------------------------x Appearances: For the Plaintiff DANIEL MACCLAREN STEWART White, Fleischner & Fino, LLP 61 Broadway, 18th Floor New York, NY 10006 For the Defendant BLOCK, Senior District Judge: On November 8, 2017, Magistrate Judge Steven M. Gold issued a Report and Recommendation (“R&R”) recommending that Plaintiff’s Motion for Default Judgment be granted, and a judgment be entered declaring that Plaintiff Empire Fire and Marine Insurance Co. (“Empire”) has no obligation to defend or indemnify Defendant Joseph Algerio (“Algerio”) in the underlying lawsuit, Dippolito v. Kazim et al., Index No. 004780/2012. The R&R instructed that “[a]ny objections to the recommendations made in this Report must be made within fourteen days after filing of this Report and Recommendation, and, in any event, on or before November 22, 2017.” No objections have been filed to date, and Algerio’s 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 and grants Empire’s Motion for Default Judgment. SO ORDERED. /S/ Frederic Block____________ FREDERIC BLOCK Senior United States District Judge Brooklyn, New York November 29, 2017 2

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