South Bay Sailing Center, Inc. v. The Standard Fire Insurance Company et al

Filing 41

ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court has reviewed the record and, finding no clear error, adopts the R & R as the opinion of the Court. Accordingly, the Court: (1) vacates the Clerk's Entry of Default against Woznick due to impro per service; (2) denies plaintiff's motion for default judgment due to improper service; and (3) grants plaintiff's motion for extension of time to serve Woznick be granted nunc pro tunc. So Ordered by Judge Joan M. Azrack on 3/7/2017. (Ortiz, Grisel)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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SOUTH BAY SAILING CENTER, INC.,
Plaintiff,

For Online Publication Only

ORDER ADOPTING REPORT
AND RECOMMENDATION
15-CV-6183 (JMA)(SIL)

-againstTHE STANDARD FIRE INSURANCE
COMPANY and DAVID R. WOZNICK,
Defendants.
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AZRACK, United States District Judge:

FILED 
CLERK 

3/7/2017 9:41 am

U.S. DISTRICT COURT 
EASTERN DISTRICT OF NEW YORK 
LONG ISLAND OFFICE 

On May 31, 2016, the Clerk of Court filed an entry of default regarding defendant David
Woznick. On June 9, 2016, plaintiff filed a motion for default judgment against Woznick. On
September 14, 2016, the Honorable Steven I. Locke, United States Magistrate Judge, held a
Traverse Hearing concerning Woznick’s challenge to service of the complaint. On October 25,
2016, plaintiff requested an extension of time to serve Woznick. On December 22, 2016, the Court
formally referred the motion for default judgment to Judge Locke for a report and
recommendation. According to the Court’s individual rules, plaintiff’s motion for an extension of
time serve Woznick was automatically referred to Judge Locke.
In a Report and Recommendation dated January 17, 2017 (“the R&R”), Judge Locke
recommended that: (1) the Clerk’s Entry of Default against Woznick be vacated due to improper
service; (2) plaintiff’s motion for default judgment be denied due to improper service; and
(3) plaintiff’s motion for extension of time to serve Woznick be granted nunc pro tunc.
No party has objected to the R & R, and the time for doing so has passed. When deciding
whether to adopt a report and recommendation, a district court “may accept, reject, or modify, in
whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. §

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636(b)(1). “To accept the report and recommendation of a magistrate, to which no timely objection
has been made, a district court need only satisfy itself that there is no clear error on the face of the
record.” Jarvis v. N. Am. Globex Fund, L.P., 823 F. Supp. 2d 161, 163 (E.D.N.Y. 2011) (internal
quotation marks and citation omitted). The Court has reviewed the record and, finding no clear
error, adopts the R & R as the opinion of the Court. Accordingly, the Court: (1) vacates the
Clerk’s Entry of Default against Woznick due to improper service; (2) denies plaintiff’s motion
for default judgment due to improper service; and (3) grants plaintiff’s motion for extension of
time to serve Woznick be granted nunc pro tunc.
SO ORDERED.
Date: March 7, 2017
Central Islip, New York
_____/s/ (JMA)___________
Joan M. Azrack
United States District Judge

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