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)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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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.
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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

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