Cavanagh et al v. Ford Motor Company et al
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
ROBERT CAVANAGH and JOANNE CAVANAGH,
6/28/2017 4:34 pm
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
LONG ISLAND OFFICE
MEMORANDUM & ORDER
FORD MOTOR COMPANY,
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
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.
defendant Ford Motor Company’s (“Defendant” or “Ford”) motion for
summary judgment be granted.
(R&R, Docket Entry 70.)
following reasons, the Court ADOPTS Judge Locke’s R&R in its
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
(Not. of Removal, Docket Entry 1, at Ex. A.)
On August 14,
2013, Plaintiffs’ action was removed to this Court.
On January 29, 2015, Plaintiffs’ claims against Altec,
Inc. and Altec Industries, Inc. were dismissed without prejudice
pursuant to the parties’ Stipulation of Discontinuance.
Docket Entry 28.)
(See Docket Entry 65.)
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 at 1.)
In reviewing an R&R, a district court “may accept,
§ 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 time for filing objections has expired, and no party
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.
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.
/s/ JOANNA SEYBERT______
Joanna Seybert, U.S.D.J.
28 , 2017
Central Islip, New York
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