Calicchio et al v. Sachem Central School District et al

Filing 105

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 103 Sua Sponte - Report and Recommendations: The Court adopts the March 15, 2022 Report and Recommendation of Judge Locke as if set forth herein. Accordingly, IT IS HEREBY ORDERED that:(1) the claims of plaintiff Sandra Calicchio are hereby dismissed with prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for failure to prosecute; and (2) plaintiffs Michael Calicchio and Matthew Calicchio shall file a stipulation of discontinuance or status report within fourteen (14) days of the date hereof. Upon the filing of a stipulation of discontinuance this action will be terminated. Ordered by Judge Denis R. Hurley on 4/5/2022. (Gapinski, Michele)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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MATTHEW CALICCHIO, SANDRA CALICCHIO,
and MICHAEL CALICCHIO,
Plaintiffs,

ORDER ADOPTING R&R
14-CV-5958 (DRH) (SIL)

-againstSACHEM CENTRAL SCHOOL DISTRICT, LISA
JOHNSON, JOHN DOLAN, ANDREW LARSEN,
JACK RENDA, KAREN MOTT, and JOHN DOES
number 1-15.
Defendants.
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Presently before the Court is the sua sponte Report and Recommendation of
Magistrate Judge Steven I. Locke dated March 15, 2022 recommending that the
claims of pro se plaintiff Sandra Calicchio be dismissed with prejudice for failure to
prosecute pursuant to Rule 41(b) of the Federal Rules of Civil Procedure and that
subject to the expeditious filing of a stipulation of dismissal by co-plaintiffs
Matthew Calicchio and Michael Calicchio, this matter be terminated. More than
fourteen (14) days have passed since service of the aforementioned Report and
Recommendation and no objections have been filed.
Pursuant to 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72, this Court has
reviewed the Report and Recommendation for clear error, and finding none, now
concurs in both its reasoning and its result. Accordingly, the Court adopts the
March 15, 2022 Report and Recommendation of Judge Locke as if set forth herein.
Accordingly,

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IT IS HEREBY ORDERED that:
(1) The claims of plaintiff Sandra Calicchio are hereby dismissed with
prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for failure
to prosecute; and
(2) Plaintiffs Michael Calicchio and Matthew Calicchio shall file a stipulation
of discontinuance or status report within fourteen (14) days of the date hereof.
Upon the filing of a stipulation of discontinuance this action will be terminated.
Dated: Central Islip, New York
April 5, 2022

s/ Denis R. Hurley
Denis R. Hurley
United States District Judge

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