Parekh v. Economy Premier Assurance Company et al

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATIONS: SO ORDERED that Magistrate Judge Lindsay's 19 Report is accepted in its entirety; this action is sua sponte remanded to the Supreme Court of the State of New York, County of Nassau pursuant to 28 U.S. C. § 1447(c); and Town Agency's 12 motion to dismiss is denied as moot. The Clerk of the Court is directed to close this case and to mail a certified copy of this order to the clerk of the Supreme Court of the State of New York, County of Nassau in accordance with 28 U.S.C. § 1447(c). CM to Nassau County Supreme Court via certified mail with rrr (7008 1140 0003 9220 6443). Ordered by Judge Sandra J. Feuerstein on 3/26/2012. (Florio, Lisa)

FILED
IN CLERK'S OFFICE
U S DISTRICT COURT E D N y

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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t'1AR 2 6 2012

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MUKESH K. PAREKH,
Plaintiff,
ORDER
I 0-CV -5599(SJF)(ARL)

-againstECONOMY PREMIER ASSURANCE COMPANY;
METLIFE AUTO & HOME INSURANCE COMPANY,
INC., alk/a METLIFE AUTO & HOME INSURANCE
AGENCY, INC.; METROPOLITAN PROPERTY AND
CASUALTY INSURANCE COMPANY; and
THE TOWN AGENCY, INC.,
Defendants.

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FEUERSTEIN, District Judge:
Pending before the Court is the Report and Recommendation ("the Report") of Magistrate
Judge Arlene R. Lindsay, dated January 17, 2012, recommending that this action be sua sponte
remanded to the Supreme Court of the State ofNew York, Nassau County pursuant to 28 U.S.C.

§ 1447(c) and that the motion of defendant The Town Agency, Inc. ("Town Agency") to dismiss
the complaint pursuant to Rules 12(b)(6) and/or 56 of the Federal Rules of Civil Procedure be
denied as moot. No objections to the Report have been filed. For the reasons stated herein, the
Court accepts Magistrate Judge Lindsay's Report in its entirety and sua sponte remands this
action to the Supreme Court of the State ofNew York, County ofNassau pursuant to 28 U.S.C. §
1447(c).

I.

Standard of Review
Any portion of a report and recommendation on dispositive matters, to which a timely
I

objection has been made, is reviewed de novo. 28 U.S.C. § 636(b)(l); Fed.R.Civ.P. 72(b). The
court, however, is not required to review the factual findings or legal conclusions of the
magistrate judge as to which no proper objections are interposed. See, Thomas v. Arn. 474 U.S.
140, 150, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985). To accept the report and recommendation of a
magistrate judge to which no timely objection has been made, the district judge need only be
satisfied that there is no clear error on the face of the record. See, Fed. R. Civ. P. 72(b); Spence
v. Superintendent. Great Meadow Correctional Facility, 219 F.3d 162, 174 (2d Cir. 2000) (a
court may review a report to which no timely objection has been interposed to determine whether
the magistrate judge committed "plain error."); Johnson v. Goord, 487 F.Supp.2d 377, 379
(S.D.N.Y. 2007), affd, 305 Fed. Appx. 815 (2d Cir. 2009). Whether or not proper objections
have been filed, the district judge may, after review, accept, reject, or modify any of the
magistrate judge's findings or recommendations. 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b).

II.

Review of Report
No party has filed any objection to Magistrate Judge Lindsay's Report. Upon review, the

Court is satisfied that the Report is not facially erroneous. Accordingly, the Court accepts
Magistrate Judge Lindsay's Report as an Order of the Court.

Ill.

Conclusion
For the reasons set forth therein, Magistrate Judge Lindsay's Report is accepted in its

entirety; this action is sua sponte remanded to the Supreme Court of the State of New York,
County of Nassau pursuant to 28 U.S.C. § 1447(c); and Town Agency's motion to dismiss is

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denied as moot. The Clerk of the Court is directed to close this case and to mail a certified copy
of this order to the clerk of the Supreme Court of the State of New York, County of Nassau in
accordance with 28 U.S.C. § 1447(c).
SO ORDERED.

s/ Sandra J. Feuerstein
Sandra J. Feuerstein
United States District Judge

Dated: March 26, 2012
Central Islip, New York

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