Jean-Jacques v. Uber Technologies, Inc. et al
MEMORANDUM and ORDER ADOPTING REPORT AND RECOMMENDATION: The Court adopts the Sua Sponte Report and Recommendation 5 without de novo review and directs the Clerk to remand this case back to Supreme Court, Kings County in accordance with the Sua Sponte Report and Recommendation. Ordered by Judge Frederic Block on 11/21/2022. (MI)
Case 1:22-cv-06138-FB-RLM Document 6 Filed 11/21/22 Page 1 of 2 PageID #: 147
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
MEMORANDUM AND ORDER
Case No. 22-cv-6138 (FB) (RLM)
-againstUBER TECHNOLOGIES, INC., and
UBER USA, LLC,
For the Plaintiff:
MARK J. LINDER
Harmon Linder & Rogowsky
3 Park Avenue, Suite 2300
New York, NY 10016
200 Garden Plaza, Suite 520
Garden City, NY 11530
BLOCK, Senior District Judge:
On October 21, 2022, Magistrate Judge Roanne L. Mann issued a Report and
Recommendation (“R&R”) recommending that this matter be remanded sua sponte
to Supreme Court, Kings County for lack of jurisdiction and procedural defects.
On October 12, 2022, defendants Uber Technologies, Inc. and Uber U.S.A.,
LLC (“Defendants”) removed this personal injury action to federal court on the basis
that parties are citizens of different states and the amount in controversy exceeds
$75,000. Magistrate Judge Mann’s R&R found multiple defects with Defendants’
Notice of Removal.
Case 1:22-cv-06138-FB-RLM Document 6 Filed 11/21/22 Page 2 of 2 PageID #: 148
Magistrate Mann’s R&R stated that failure to object within fourteen days of
the date of the R&R waives the right to appeal. No objections were filed.
If clear notice has been given of the consequences of failing to object and
there are no objections, the Court may adopt the R&R without de novo review. See
Smith v. Campbell, 782 F.3d 93, 102 (2d Cir. 2015) (“Where parties receive clear
notice of the consequences, failure to timely object to a magistrate's report and
recommendation operates as a waiver of further judicial review of the magistrate's
decision.”) (internal citations omitted). The Court will 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 such error appears here.
Accordingly, the Court adopts the R&R without de novo review and directs
the Clerk to enter judgment in accordance with the R&R.
_/S/ Frederic Block____________
Senior United States District Judge
Brooklyn, New York
November 21, 2022
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