Board of Trustees of the UFCW Local 50 Pension Fund v. Daniarov

Filing 37

ORDER ADOPTING REPORT AND RECOMMENDATIONS. SO ORDERED that no party has filed any objections to Magistrate Judge Wall's Report. Upon review, the Court is satisfied that the Report is not facially erroneous. Accordingly, the Court accepts Magistrate Judge Wall's 36 Report in its entirety. Plaintiffs 27 motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure is denied. Ordered by Judge Sandra J. Feuerstein on 10/22/2012. (Florio, Lisa)

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IN CLERk S OFFICE
US DISTRICT COURT E 0 N y

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

______________________________X

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LONG ISLAND OFFICE
BOARD OF TRUSTEES OF THE UFCW
LOCAL 50 PENSION FUND,
Plaintiff,
ORDER
CV-ll-5327(SJF)(WDW)

-againstDAVID DANIAROV, d/b/a COHEN'S KOSHER,
Defendant.

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FEUERSTEIN, J.

Pending before the Court is the Report and Recommendation ("the Report") of Magistrate
Judge William D. Wall, dated September 10, 2012, recommending that plaintiffs motion for
summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure be denied. No
objections have been filed to the Report. For the reasons stated herein, the Court accepts
Magistrate Judge Wall's Report in its entirety.

Any portion of a report and recommendation on dispositive matters, to which a timely
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. Am. 474 U.S. 140, 150,
I 06 S.Ct. 466, 88 L.Ed.2d 435 (1985). To accept the report and recommendation of a magistrate
judge on a dispositive matter, 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);

I

Johnson v. Goord, 487 F.Supp.2d 377, 379 (S.D.N.Y. 2007), aff'd, 305 Fed. Appx. 815 (2d Cir.
Jan. I, 2009); Baptichon v. Nevada State Bank, 304 F.Supp.2d 451,453 (E.D.N.Y. 2004), aff'd,
125 Fed.Appx. 374 (2d Cir. 2005). 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)(l); Fed.R.Civ.P. 72(b).

II

No party has filed any objections to Magistrate Judge Wall's Report. Upon review, the
Court is satisfied that the Report is not faciall:r erroneous. Accordingly, the Court accepts
Magistrate Judge Wall's Report in its entirety. Plaintiffs motion for summary judgment pursuant
to Rule 56 of the Federal Rules of Civil Procedure is denied.

SO ORDERED.

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

Dated: October 22, 2012
Central Islip, New York

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