Treyger v. First Class Furniture and Rugs Inc. et al

Filing 35

MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATIONS -- The R&R 34 is adopted in its entirety. Thus, defendants are ordered to show cause (1) why they should not be held in contempt and sanctioned, and (2) if they are sanctioned, why a sanction of $1,000 per week would not be reasonable. A show cause hearing will be held at 2:30 p.m. on January 30, 2023 in Courtroom 6G North before the undersigned. ORDER ATTACHED. Ordered by Judge Eric R. Komitee on 1/17/2023. (AG)

Case 1:21-cv-02902-EK-RLM Document 35 Filed 01/17/23 Page 1 of 2 PageID #: 558

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
------------------------------------x
LEONID TREYGER,
Plaintiff,

MEMORANDUM & ORDER
21-CV-2902(EK)(RLM)

-againstFIRST CLASS FURNITURE AND RUGS INC.,
et al.,
Defendants.
------------------------------------x
ERIC KOMITEE, United States District Judge:

The Court has received Magistrate Judge Mann’s Report
and Recommendation (R&R) dated July 14, 2022.

ECF No. 34.

Judge Mann recommends that I schedule a hearing and require
defendants to show cause why they should not be held in contempt
for failing to comply with the injunction issued by this Court
on February 23, 2022.

See ECF No. 22.

Neither party has filed

objections and the time to do so has expired.

Accordingly, the

Court reviews Judge Mann’s recommendation for clear error on the
face of the record.

See Advisory Comm. Notes to Fed. R. Civ. P.

72(b); accord State Farm Mut. Auto. Ins. Co. v. Grafman, 968 F.
Supp. 2d 480, 481 (E.D.N.Y. 2013).

Having reviewed the record,

I find no clear error and therefore adopt the R&R in its
entirety.

Case 1:21-cv-02902-EK-RLM Document 35 Filed 01/17/23 Page 2 of 2 PageID #: 559

Thus, defendants are ordered to show cause (1) why
they should not be held in contempt and sanctioned, and (2) if
they are sanctioned, why a sanction of $1,000 per week would not
be reasonable.

A show cause hearing will be held at 2:30 p.m.

on January 30, 2023 in Courtroom 6G North before the
undersigned.

SO ORDERED.
/s/ Eric Komitee
ERIC KOMITEE
United States District Judge

Dated:

January 17, 2023
Brooklyn, New York

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