Gesualdi et al v. Bestech Transport LLC

Filing 35

ORDER ADOPTING REPORT AND RECOMMENDATION; For the foregoing reasons, the Court ADOPTS Judge Lindsay's R&R (Docket Entry 33) in its entirety. The Clerk of the Court is directed to mark Plaintiffs' motion (Docket Entry 31) as GRANTED. A rep resentative of Shirley Express LLC is directed to appear before this Court on May 12, 2017, at 2:30p.m., and show cause why it should not be held in contempt and penalized appropriately. Plaintiffs are directed to serve a copy of this Order on Shirley Express, LLC and defendant Bestech Transportation, LLC, and file proof of service on ECF on or before April 12, 2017. So Ordered by Judge Joanna Seybert on 4/11/2017. C/ECF (Valle, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
---------------------------------------X
THOMAS GESUALDI, LOUIS BISIGNANO,
ANTHONY D’AQUILA, MICHAEL O’TOOLE,
BENNY UMBRA, JOSEPH A. FERRARA, SR.,
FRANK H. FINKEL, MARC HERBST, DENISE
RICHARDSON, and THOMAS F. CORBETT,
as Trustees and fiduciaries of the
International Brotherhood of Teamsters
Local 282 Pension Trust Fund,

ORDER
14-CV-1110 (JS)(ARL)

Plaintiffs,
-against–
BESTECH TRANSPORT LLC,
Defendant.
----------------------------------------X
APPEARANCES
For Plaintiffs:
Gina Elyse Nicotera, Esq.
Jonathan Michael Bardavid, Esq.
Trivella & Forte LLP
1311 Mamaroneck Ave., Suite 170
White Plains, NY 10605
For Defendant:

No appearance

SEYBERT, District Judge:
Presently pending before the Court is Magistrate Judge
Arlene R. Lindsay’s Report and Recommendation dated November 3,
2016 (“R&R,” Docket Entry 33), addressing Plaintiffs’ unopposed
letter motion dated October 25, 2016 (“Pls.’ Ltr. Mot., Docket
Entry 31).

Plaintiffs allege that non-party Shirley Express, LLC

(“Shirley Express”) has failed to comply with Judge Lindsay’s Order
dated March 4, 2016, which directed Shirley Express to provide
documents

responsive

to

Plaintiffs’

outstanding

post-judgment

discovery requests and to produce a representative for a deposition
prior to March 31, 2016 (the “March Order”).

(Pls.’ Ltr. Mot.;

see also Mar. Order, Docket Entry 27, at 1.)

Plaintiffs request

that Judge Lindsay recommend that the District Court direct Shirley
Express to show cause why it should not be adjudged in contempt
for its failure to comply with the March Order.
at 1-2.)

(Pls.’ Ltr. Mot.

Judge Lindsay’s R&R certifies the facts constituting

Shirley Express’ civil contempt and recommends that the District
Court issue an Order requiring Shirley Express to appear on a date
certain to show cause why it should not be held in contempt.1

(R&R

at 1, 3-4.)
In reviewing an R&R, a district court “may accept,
reject,

or

modify,

in

whole

or

in

part,

recommendations made by the magistrate judge.”
(1)(C).

the

findings

and

28 U.S.C. § 636(b)

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 (14) days of service
of the R&R.

The time for filing objections has expired, and no

party has objected.

Accordingly, all objections are hereby deemed

The Clerk of the Court is directed to mark Plaintiffs’ letter
motion (Docket Entry 31) as GRANTED based on Judge Lindsay’s
recommendation that the District Court direct Shirley Express to
show cause as to why it should not be held in contempt.
1

2

to have been waived.
Court

finds

Judge

Upon careful review and consideration, the
Lindsay’s

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

Lindsay’s R&R (Docket Entry 33) in its entirety.

ADOPTS

Judge

The Clerk of the

Court is directed to mark Plaintiffs’ motion (Docket Entry 31) as
GRANTED.
A representative of Shirley Express LLC is directed to
appear before this Court on May 12, 2017, at 2:30p.m., and show
cause

why

it

appropriately.
Order

on

should

not

be

held

in

contempt

and

penalized

Plaintiffs are directed to serve a copy of this

Shirley

Express,

LLC

and

defendant

Bestech

Transportation, LLC, and file proof of service on ECF on or before
April 12, 2017.

SO ORDERED.

/s/ JOANNA SEYBERT______
Joanna Seybert, U.S.D.J.
Dated:

April
11 , 2017
Central Islip, New York

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