Cavanagh et al v. Ford Motor Company et al

Filing 71

ORDER ADOPTING REPORT AND RECOMMENDATIONS: SO ORDERED that Judge Locke's R&R (Docket Entry 70) is ADOPTED in its entirety and Defendant's motion for summary judgment (Docket Entry 65) is GRANTED. The Clerk of the Court is directed to enter judgment accordingly and mark this case CLOSED. Ordered by Judge Joanna Seybert on 6/28/2017. (Florio, Lisa)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ---------------------------------------X ROBERT CAVANAGH and JOANNE CAVANAGH, FILED  CLERK    6/28/2017 4:34 pm   U.S. DISTRICT COURT  EASTERN DISTRICT OF NEW YORK  LONG ISLAND OFFICE  Plaintiffs, -against- MEMORANDUM & ORDER 13-CV-4584 (JS)(SIL) FORD MOTOR COMPANY, Defendant. ---------------------------------------X APPEARANCES For Plaintiffs: Joseph G. Dell, Esq. Christopher Dean, Esq. James V. Durgana, Esq. Kristen Nicole Sinnott, Esq. Dell & Dean PLLC 1225 Franklin Avenue, Suite 450 Garden City, NY 11530 For Defendant: Peter Joseph Fazio, Esq. Aaronson, Rappaport, Feinstein & Deutsch 600 Third Avenue New York, NY 10016 SEYBERT, District Judge: Pending before the Court is Magistrate Judge Steven I. Locke’s Report and Recommendation (“R&R”) recommending that defendant Ford Motor Company’s (“Defendant” or “Ford”) motion for summary judgment be granted. (R&R, Docket Entry 70.) For the following reasons, the Court ADOPTS Judge Locke’s R&R in its entirety. BACKGROUND On July 30, 2013, plaintiffs Robert Cavanagh and Joanne Cavanagh (“Plaintiffs”) commenced this products liability action against Ford, Altec, Inc., and Altec Industries, Inc., in state court. (Not. of Removal, Docket Entry 1, at Ex. A.) On August 14, 2013, Plaintiffs’ action was removed to this Court. Removal.) (Not. of On January 29, 2015, Plaintiffs’ claims against Altec, Inc. and Altec Industries, Inc. were dismissed without prejudice pursuant to the parties’ Stipulation of Discontinuance. (See Docket Entry 28.) On judgment. December 15, 2016, (See Docket Entry 65.) Defendant moved for summary On April 12, 2017, Defendant’s motion was referred to Judge Locke for a report and recommendation. (See Docket Entry 69.) On June 9, 2017, Judge Locke issued his R&R Defendant’s recommending entirety. that motion be granted in its (R&R at 1.) DISCUSSION In reviewing an R&R, a district court “may accept, reject, or modify, recommendations made in by whole the or in part, magistrate the judge.” findings 28 and U.S.C. § 636(b)(1)(C). If no timely objections have been made, the “court need only satisfy itself that there is no clear error on the face of the record.” Urena v. New York, 160 F. Supp. 2d 606, 609-10 (S.D.N.Y. 2001) (internal quotation marks and citation omitted). Objections were due within fourteen days of service of the R&R. The time for filing objections has expired, and no party 2 has objected. Accordingly, all objections are hereby deemed to have been waived. Upon careful review and consideration, the Court finds Judge Locke’s R&R to be comprehensive, well-reasoned, and free of clear error, and it ADOPTS the R&R in its entirety. CONCLUSION Judge Locke’s R&R (Docket Entry 70) is ADOPTED in its entirety and Defendant’s motion for summary judgment (Docket Entry 65) is GRANTED. The Clerk of the Court is directed to enter judgment accordingly and mark this case CLOSED. SO ORDERED. /s/ JOANNA SEYBERT______ Joanna Seybert, U.S.D.J. Dated: June 28 , 2017 Central Islip, New York 3

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