277 Surfside Drive, LLC v. Stillwater Insurance Group et al

Filing 70

MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATION - For the foregoing reasons, the Court ADOPTS the R&R in its entirety and Plaintiffs' state law claims and claims for damages that are unavailable under New York law are DISMISSED WITH PREJUDICE. So Ordered by Judge Joanna Seybert on 9/22/2014. C/ECF (Valle, Christine)

Download PDF
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ---------------------------------------X IN RE HURRICANE SANDY CASES MEMORANDUM & ORDER 13-CV-5925(JS)(SIL) 13-CV-6158(JS)(GRB) 14-CV-2000(JS)(ARL) ---------------------------------------X SEYBERT, District Judge: Pending before the Court is the Committee’s Report and Recommendation, dated June 5, 2014 and amended on June 16, 2014 (the “R&R”), recommending dismissal of certain state law claims and claims for damages that are not available under New York law in the above-captioned actions. Plaintiffs in these actions have not filed an objection to the R&R. For the following reasons, the Court ADOPTS the R&R in its entirety and DISMISSES the claims at issue. 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). The R&R directed the parties to file objections within fourteen (14) days from receipt of the modified R&R. The time for filing objections has expired, and no party has objected. Accordingly, all objections are hereby deemed to have been waived. Upon careful review and consideration, the Court finds the R&R to be comprehensive, well-reasoned, and free of clear error, and it ADOPTS the R&R in its entirety. CONCLUSION For the foregoing reasons, the Court ADOPTS the R&R in its entirety and Plaintiffs’ state law claims and claims for damages that are unavailable under New York law are DISMISSED WITH PREJUDICE. SO ORDERED. /s/ JOANNA SEYBERT______ Joanna Seybert, U.S.D.J. Dated: September 22 , 2014 Central Islip, NY 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?