United States of America v. Leap et al

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATIONS. As set forth in the attached Order, the Court adopts the March 6, 2013 Report and Recommendation of Judge Wall as if set forth herein. Accordingly, plaintiff's motion for a default judgment is denied w ithout prejudice and plaintiff is granted leave to file and serve a Second Amended Complaint. The Second Amended Complaint must be filed no later than April 30, 2013. Should plaintiff not file an amended pleading by this deadline, the action will be marked closed. Plaintiff's counsel is directed to serve a copy of this Order on the remaining defendants and to file proof of service on ECF. Ordered by Judge Denis R. Hurley on 4/17/2013. (Spatola, Richard)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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UNITED STATES,
Plaintiff,
-against-

ORDER
11 CV 4822 (DRH) (WDW)

GLORIA LEAP, LAWRENCE EUGENE
LaTERZA, and NASSAU COUNTY
DEPARTMENT OF SOCIAL SERVICES,
Defendants.
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HURLEY, Senior District Judge:
On January 7, 2013, plaintiff moved pursuant to Federal Rule of Civil Procedure 55(b)
for a default judgment against defendants Gloria Leap, Lawrence Eugene LaTerza, and Nassau
County Department of Social Services. (See Docket No. 17.) On January 22, 2013, this matter
was referred to United States Magistrate Judge William D. Wall to issue a report and
recommendation as to whether plaintiff had demonstrated that the allegations in the Complaint
establish the defendants’ liability such that the motion for default judgment should be granted,
and if so, to determine the appropriate amount of damages, costs, and or/fees, if any, to be
awarded. On March 6, 2013, Judge Wall issued a Report and Recommendation which
recommended that “the motion be denied at this time without prejudice and that the plaintiff be
given an opportunity to file and serve a Second Amended Complaint that will include sufficient
allegations in support of the relief sought.” (Docket No. 19 at 1.) More than fourteen days have
elapsed since service of the Report and Recommendation and no party has filed an objection.

Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, this Court has
reviewed the Report and Recommendation for clear error, and finding none, now concurs in both
its reasoning and its result. As such, the Court adopts Judge Wall’s March 6, 2013 Report and
Recommendation as if set forth herein. Accordingly, plaintiff’s motion for a default judgment is
denied without prejudice and plaintiff is granted leave to file and serve a Second Amended
Complaint.1 The Second Amended Complaint must be filed no later than April 30, 2013.
Should plaintiff not file an amended pleading by this deadline, the action will be marked closed.
Plaintiff’s counsel is directed to serve a copy of this Order on the remaining defendants and to
file proof of service on ECF.

SO ORDERED.
Dated: Central Islip, New York
April 17, 2013
/s/
Denis R. Hurley
Unites States District Judge

1

In filing the amended pleading, plaintiff should take into consideration the Court’s June
6, 2012 Order which questioned whether the Nassau County Department of Social Services is the
proper defendant as distinct from the County of Nassau. (See Docket No. 14.)
2