Liz Blanco v. Compass Construction Co. of New York, Inc. et al

Filing 22

MEMORANDUM and ORDER ADOPTING REPORT AND RECOMMENDATION. There being no plain error appears in the Report and Recommendation. Accordingly, the Court adopts the Report and Recommendation. The settlement is approved and the Clerk is directed to close the case. Ordered by Judge Frederic Block on 1/9/2019. (Innelli, Michael)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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JOSE YONUEL LIZ BLANCO, on
behalf of himself and all other persons
similarly situated,
ORDER
Case No. 18-CV-02641 (FB) (JO)

Plaintiff,
-againstCOMPASS CONSTRUCTION CO. OF
NEW YORK, INC. and SALVATORE
GARGANO,
Defendants.
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Appearances:
For the Plaintiff:
Michael Samuel
Samuel & Stein
38 West 32nd Street
New York, NY 10001

For the Defendants:
Heng Wang
Heng Wang & Associates, P.C.
305 Broadway, Suite 1000
New York, NY 10007

BLOCK, Senior District Judge:
On September 25, 2018, Magistrate Judge Orenstein issued a Report and
Recommendation (“R&R”) recommending that the settlement in this action be
approved. The R&R followed a hearing pursuant to Cheeks v. Freeport Pancake
House, Inc., 796 F.3d 199, 206 (2d Cir. 2015). A favorable Cheeks finding was
entered as part of the R&R. See Dkt. 9/25/2018. The R&R was served electronically

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on all parties and advised that objections were due by October 9, 2018. As of the
date of this Order, no objections have been filed.
When no party has objected to a Magistrate Judge’s report and
recommendation, the Court may adopt it without de novo review. See Thomas v.
Arn, 474 U.S. 140, 150 (1985) (“It does not appear that Congress intended to require
district court review of a magistrate's factual or legal conclusions, under a de novo
or any other standard, when neither party objects to those findings.”). The Court
may 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 plain error appears in 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
January 8, 2019

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