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)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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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.
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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

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