Persaud v. Nameoke 1 LLC et al

Filing 19

MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATION: On May 8, 2017, Magistrate Judge James Orenstein issued a Report and Recommendation 18 (R&R) recommending that the Court dismiss plaintiffs complaint with prejudice. No objections have been fi led to date, and the opportunity to object has passed. No such error appears here. Accordingly, the Court adopts the Report & Recommendation 18 without de novo review and dismisses plaintiffs complaint with prejudice. Ordered by Judge Frederic Block on 6/28/2017. (Innelli, Michael)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK --------------------------------------------------x CHRIS PERSAUD, Plaintiff, -against- MEMORANDUM AND ORDER 16-cv-6877 (FB) (JO) NAMEOKE 1 LLC, NAMEOKE EQUITIES LLC, NAMEOKE HOLDINGS LLC, NAMEOKE LLC, NAMEOKE REALTY CO., INC., SUPREME PLUS GROUP REALTY CORP., DAVID DECTER, TZUI HARRY FRENKEL, EDWARD FRIEDMAN, STEVEN GREENBAUM, MILA LIVSHITZ, MARK WEISSMAN, Defendants. --------------------------------------------------x Appearances: For Plaintiff: MATTHEW PAUL MADZELAN Slater Slater Schulman LLP 445 Broad Hollow Road, Suite 334 Melville, New York 11747 BLOCK, Senior District Judge: On May 8, 2017, Magistrate Judge James Orenstein issued a Report and Recommendation (“R&R”) recommending that the Court dismiss plaintiff’s complaint with prejudice. No objections have been filed to date, and the 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 dismisses plaintiff’s complaint with prejudice. SO ORDERED. _/S/ Frederic Block_____ FREDERIC BLOCK Senior United States District Judge Brooklyn, New York June 28, 2017 2

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