Zavala et al v. CNP, INC. d/b/a Carlino's Long Island Italian Restaurant of Mineola et al

Filing 62

ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court adopts the April 18, 2017 Report and Recommendation of Judge Lindsay as if set forth herein. Accordingly, IT IS HEREBY ORDERED that the claims of plaintiffs Carlos Zavala and Rolando Olivera Soriano are dismissed for failure to prosecute; and it is FURTHER ORDERED that the caption of this case be amended. See attached Order for details. Ordered by Judge Denis R. Hurley on 5/10/2017. (Gapinski, Michele)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
-----------------------------------------------------X
CARLOS ZAVALA, FERNANDO
ACOSTA-LOPES, ROLANDO
OLIVERA SORIANO, and JOSE EFRON
GARCIA MARTINEZ
ORDER ADOPTING R & R
Civil Action No. 15-3406 (DRH)(ARL)

Plaintiffs,
-againstPECONIC RESTAURANT GROUP HOLDING,
doing business as Carlino’s, ABDUL WALI
HUSSAINI, THOMAS JOSEPH LANO,
CNP, INC., doing business as Carlino’s
Long Island Italian Restaurant of Mineola,
and CARLO CORTEO
Defendants.
-----------------------------------------------------X
HURLEY, Senior District Judge:

Presently before the Court is the Report and Recommendation, dated April 18, 2017, of
Magistrate Judge Arlene R. Lindsay recommending that the claims of plaintiffs Carlos Zavala and
Rolando Olivera Soriano be dismissed for failure to prosecute. More than fourteen days have
elapsed since service of the 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. The Court adopts the April 18, 2017 Report and Recommendation of Judge Lindsay as if set
forth herein. Accordingly,
IT IS HEREBY ORDERED that the claims of plaintiffs Carlos Zavala and Rolando
Olivera Soriano are dismissed for failure to prosecute; and it is

Page 1 of 2

FURTHER ORDERED that the caption of this case be amended to read as follows1:
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
-----------------------------------------------------X
FERNANDO ACOSTA-LOPES and JOSE
EFRON GARCIA MARTINEZ
Plaintiffs,

15-cv-3406
(DRH)(ARL)

-againstABDUL WALI HUSSAINI, CNP, INC.,
doing business as Carlino’s Long Island
Italian Restaurant of Mineola, and CARLO
CORTEO
Defendants.
-----------------------------------------------------X

Dated: Central Islip, N.Y.
May 10, 2017

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

1

The claims against defendants Peconic Restaurant Group Holding LLC and Thomas
Joseph Lano were dismissed on March 6, 2017 pursuant to the stipulation of the parties.
Page 2 of 2