Schneider et al v. Danbury Pharma, LLC et al

Filing 38

ORDER ADOPTING REPORT AND RECOMMENDATIONS : IT IS HEREBY ORDERED that defendants' answer is stricken and that default judgment is entered against them. IT IS FURTHER ORDERED that the Court refers this matter to Magistrate Judge Lindsay for a Rep ort and Recommendation to address the issue of damages and other relief sought by plaintiffs. IT IS FURTHER ORDERED that plaintiffs serve a copy of this Order on defendants and file proof of service with the Court. Ordered by Judge Joseph F. Bianco on 6/15/2017. (Bollbach, Jean)

Download PDF
FILED UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ------------------------------------------------------------------------){ MARC S. SCHNEIDER, et al., IN CLERK'S OFFICE U.S. DISTRICT COU~T fi.C.N.Y. * JUN 14 2017 * LONG fSLAND OFFICE Plaintiffs, ORDER 14-CV-7127 (JFB) (ARL) -againstDANBURY PHARMA, LLC, et al., Defendants. ------------------------------------------------------------------------){ JOSEPH F. BIANCO, District Judge: Before the Court is a May 5, 2017 Report and Recommendation ("R&R," ECF No. 36) from Magistrate Judge Lindsay recommending that the Court grant plaintiffs' request (ECF No. 35) to strike defendants' answer and enter a default judgment against them for failure to obtain replacement legal counsel. The R&R instructed that any objections to the R&R be submitted within fourteen (14) days of the R&R. (R&R at 2.) The date for filing any objections has since expired, and defendants have not filed any objection to the R&R. For the reasons set forth below, the Court adopts the thorough and well-reasoned R&R in its entirety and enters a default judgment against defendants. Where there are no objections, the Court may adopt the report and recommendation without de novo review. See Thomas v. Arn, 474 U.S. 140, 150 (1985) ("It does not appear that Congress intended to require district court review of a magistrate's factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings."); see also Mario v. P & C Food Mias., Inc., 313 F.3d 758, 766 (2d Cir. 2002) ("Where parties receive clear notice of the consequences, failure timely to object to a magistrate's report and recommendation operates as a waiver of further judicial review of the magistrate's decision."); cf 28 U.S.C. ยง 636(b)(l)(c) and Fed. R. Civ. P. 72(b)(3) (requiring de novo review after objections). However, because the failure to file timely objections is not jurisdictional, a district judge may still excuse the failure to object in a timely manner and exercise its discretion to decide the case on the merits to, for example, prevent plain error. See Cephas v. Nash, 328 F.3d 98, 107 (2d Cir. 2003) ("[B]ecause the waiver rule is non jurisdictional, we 'may excuse the default in the interests ofjustice."' (quoting Thomas, 474 U.S. at 155)). Although defendants waived any objection to the R&R and thus de novo review is not required, the Court has conducted a de novo review of the R&R in an abundance of caution. Having conducted a review of the full record and the applicable law, and having reviewed the R&R de novo, the Court adopts the findings and recommendations contained in the well-reasoned and thorough R&R in their entirety. Accordingly, IT IS HEREBY ORDERED that defendants' answer is stricken and that default judgment is entered against them. IT IS FURTHER ORDERED that the Court refers this matter to Magistrate Judge Lindsay for a Report and Recommendation to address the issue of damages and other relief sought by plaintiffs. IT IS FURTHER ORDERED that plaintiffs serve a copy of this Order on defendants and file proof of service with the Court. SO Q"RQ.PO'C'n Jose . Bianco Unit d States District Judge Dated: June\~, 2017 Central Islip, New York 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?