Perez et al v. De Domenico Pizza & Restaurant, Inc. et al

Filing 71

ORDER; By Report and Recommendation ("R&R") dated May 31,2016, Magistrate Judge Arlene R. Lindsay recommended that Plaintiffs' motion to strike certain affirmative defenses in Defendants' answer be denied. See R&R, Docket Entry (& quot;DE") 65 . As the time to file objections has passed, and a careful review of the R&R finds no plain error, the R&R is hereby adopted. See 28 U.S.C. §636(b)(1); FED. R. Civ. P. 72. The motion to strike, DE 57 , is denied.(Ordered by Judge Leonard D. Wexler on 7/11/2016.) (Fagan, Linda)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

-------------------------------------------------------)(
GERSON PEREZ, et al.,
ORDER
Plaintiffs,

cv 14-7236

-against-

LONG ISLAND
(Wexler, J.)
OFFICE

DE DOMENICO PIZZA & RESTAURANT,
INC., et al.,
Defendants.

-------------------------------------------------------)(
WEJ(LER, District Judge:
By Report and Recommendation ("R&R") dated May 31,2016, Magistrate Judge Arlene
R. Lindsay recommended that Plaintiffs' motion to strike certain affirmative defenses in
Defendants' answer be denied. See R&R, Docket Entry ("DE") [65]. The R&R was filed on the
Court's ECF system on May 31, 2016, and expressly reminded the parties that objections must
be filed with the Court within fourteen days. That time has passed, and no party has filed any
objections to the R&R or sought an extension of time to do so.
To accept a magistrate's R&R absent a timely objection, the Court need only be satisfied
that there is no clear error on the face of the record. See FED. R. Crv. P. 72(b); Baptichon v.

Nevada State Bank, 304 F. Supp. 2d 451, 453 (E.D.N.Y. 2004), ajfd, 125 F. App'x 374 (2d Cir.
2005). As the time to file objections has passed, and a careful review of the R&R finds no plain
error, the R&R is hereby adopted. See 28 U.S.C. §636(b)(1); FED. R. Crv. P. 72. The motion to
strike, DE [57], is denied.
SO ORDERED.
~

;"

;

-

•~ONARD D. WEJ(LER
UNITED STATES DISTRICT JUDGE
Dated: Central Islip, New York
July 11, 2016