Li v. American Freight International Corp. et al

Filing 24

MEMORANDUM and ORDER ADOPTING REPORT AND RECOMMENDATION: No error, plain or otherwise, appears on the face of the report and recommendation. Accordingly, the Court adopts the report and recommendation. The settlement 23 is approved and the Clerk is directed to close the case. Ordered by Judge Frederic Block on 11/7/2018. (Innelli, Michael)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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JOSHUA JIANHUA LI, individually and
on behalf of all other employees similarly
situated,
Plaintiff,

MEMORANDUM AND ORDER
Case No. 18-CV-304 (FB) (SMG)

-againstAMERICAN FREIGHT
INTERNATIONAL CORP., TCK
EXPRESS, INC., LANGFAN RUAN,
CHI ZHANG, and JOHN DOE #1-5,
Defendants.
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BLOCK, Senior District Judge:
On September 14, 2018, Magistrate Judge Gold issued a Report and
Recommendation (AR&R@) recommending that the settlement in this action be
approved. The R&R advised that objections were due by September 28, 2018,
and warned that “[f]ailure to object to this Report may waive the right to appeal the
District Court’s Order.” The R&R was served electronically on all parties. To
date, no objections have been filed.
Where clear notice has been given of the consequences of failure to object,
and 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) (AWhere 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 will, however, excuse the failure to object and 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 error, plain or otherwise, appears on the face of the R&R. Accordingly,
the Court adopts the R&R. The settlement is approved and the Clerk is directed
to close the case.
SO ORDERED.
/S/ Frederic Block_________
FREDERIC BLOCK
Senior United States District Judge
Brooklyn, New York
November 7, 2018

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