Ribacoff et al v. Fidelity National Property and Casualty Insurance Company et al
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
IN RE HURRICANE SANDY CASES
MEMORANDUM & ORDER
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
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).
The R&R directed the parties to file objections within
fourteen (14) days from receipt of the modified R&R.
The time for
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.
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
/s/ JOANNA SEYBERT______
Joanna Seybert, U.S.D.J.
22 , 2014
Central Islip, NY
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