Minzer v. Hibachi Glatt Inc. d/b/a Kasai et al

Filing 14

MEMORANDUM and ORDER ADOPTING REPORT AND RECOMMENDATION: The Court adopts MJ Mann's Report & Recommendation 13 without de novo review. Mr. Bashians motion to withdraw is granted, and this action is dismissed for failure to prosecute. Ordered by Judge Frederic Block on 1/9/2018. (Innelli, Michael)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
-------------------------------------------------ARYEH MINZER,
Plaintiff,
-against-

MEMORANDUM AND ORDER
1:17-cv-04178(FB)(RLM)

HIBACHI GLATT INC. dba KASAI,
and CHRIS & GAGRIEL LLC,
Defendants.
-------------------------------------------------Appearances:
For the Plaintiff
ERIK MATHEW BASHIAN
Bashian & Papantoniou, P.C.
500 Old Country Road, Suite 302
Garden City, NY 11530

For the Defendant

BLOCK, Senior District Judge:
On November 14, 2017, Magistrate Judge Rosanne L. Mann issued a sua sponte
Report and Recommendation (“R&R”) recommending that plaintiff’s attorney Erik
Bashian’s Motion to Withdraw be granted, and that the Court dismiss this action for
lack of prosecution because plaintiff Aryeh Minzer has failed to respond to court
orders or answer his attorney’s phone calls. 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 December
1, 2017.” No objections have been filed to date, and Minzer’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. Mr. Bashian’s motion to withdraw is
granted, and this action is dismissed for failure to prosecute.
SO ORDERED.
/S/ Frederic Block____________
FREDERIC BLOCK
Senior United States District Judge
Brooklyn, New York
January 9, 2018

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