Trustees of Empire State Carpenters Annuity, Apprenticeship, Labor-Management Cooperation, Pension and Welfare Funds v. Syracuse Floor Systems, Inc. et al

Filing 100

ORDER ADOPTING REPORT AND RECOMMENDATIONS: SO ORDERED that the Court is satisfied that the Report is not facially erroneous and therefore, the Report is adopted in its entirety. Accordingly, deft's motion to dismiss for failure to state a claim and compel arbitration is DENIED. Ordered by Judge Sandra J. Feuerstein on 1/13/2015. (Florio, Lisa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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TRUSTEES OF EMPIRE STATE CARPENTERS
ANNUITY, APPRENTICESHIP, LABORMANAGEMENT COOPERATION, PENSION, and
WELFARE FUNDS,
Plaintiff,

ORDER

-against-

13-CV-1509 (SJF)
SYRACUSE FLOOR SYSTEMS, INC., SYRACUSE
COMMERCIAL FLOOR, INC., and COMMERCIAL
FLOOR SOLUTIONS,
Defendants.

FILED
IN CLERK'S OFFICE
U S DISTRICT COURT E 0 N Y

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u..ii'i

13 Z015

*

LONG ISLAND OFFICE
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FEUERSTEIN, District Judge.

Defendant Syracuse Floor Systems, Inc. ("SFS") has moved for an Order dismissing this
case, pursuant to Federal Rule of Civil Procedure 12(b)(6), and compelling arbitration, which
was referred to Magistrate Judge Arlene R. Lindsay for a Report and Recommendation
("Report"). The Report, dated December 5, 2014, recommends that SFS's motion be denied. No
objections have been filed. For the following reasons, the Court adopts Magistrate Judge
Lindsay's Report in its entirety.
I

Any portion of a report and recommendation on dispositive matters, to which a timely
objection is made, is reviewed de novo. 28 U.S.C. § 636(b)(l); Fed. R. Civ. P. 72. The court,
however, is not required to review the factual findings or legal conclusions of the magistrate
judge where no proper objections are interposed. See Thomas v. Arn, 474 U.S. 140, !50 (1985)
("It does not appear that Congress intended to require district court review of a magistrate's

factual or legal conclusions, under a de novo or any other standard, when neither party objects to
those findings."). Thus, 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); Johnson

v. Goard, 487 F. Supp. 2d 377, 379 (S.D.N.Y. 2007); Baptichon v. Nevada State Bank, 304 F.
Supp. 2d 451,453 (E.D.N.Y. 2004). After conducting the appropriate review, a district court
may accept, reject or modify any of the magistrate judge's findings or recommendations whether
or not objections have been filed. 28 U.S.C. § 636(b)(l); Fed. R. Civ. P. 72(b).
II

Upon review, the Court is satisfied that the Report is not facially erroneous and therefore,
the Report is adopted in its entirety. Accordingly, defendant's motion to dismiss for failure to
state a claim and compel arbitration is DENIED.
SO ORDERED.
Dated: January 13,2014
Central Islip, New York

s/ Sandra J. Feuerstein
Sandra J. Feuerstein, U.S.D.J.

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