Diaz v. Westbury Pancake House, Inc. et al

Filing 31

ORDER ADOPTING REPORT AND RECOMMENDATIONS: IT IS HEREBY ORDERED that defendants' cross-motion to vacate the default is granted and defendants shall answer or otherwise respond to the complaint within fifteen (15) days of the date of this Order; and it is FURTHER ORDERED that plaintiff's motion for a default judgment is denied as moot. See attached Order. Ordered by Judge Denis R. Hurley on 2/16/2017. (Gapinski, Michele)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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FRANCINY DIAZ,
ORDER ADOPTING R & R
Civil Action No. 16-743(DRH)(SIL)

Plaintiff,
-againstWESTBURY PANCAKE HOUSE, INC.
doing business as International House of
Pancakes, LLC, and DANIEL Y. CHUN
Defendants.
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HURLEY, Senior District Judge:

Presently before the Court is the Report and Recommendation, dated February 1, 2017, of
Magistrate Judge Steven I. Locke recommending that (1) the cross-motion of defendants Westbury
Pancake House and Daniel Y. Chun (“defendants”) to set aside the default be granted and (2) the
motion of plaintiff Franciny Diaz (“plaintiff”) for a default judgment against defendants be denied
as moot. 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 February 2, 2017 Report and Recommendation of Judge Locke as if set
forth herein. Accordingly,
IT IS HEREBY ORDERED that defendants’ cross-motion to vacate the default is granted
and defendants shall answer or otherwise respond to the complaint within fifteen (15) days of the
date of this Order; and it is
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FURTHER ORDERED that plaintiff’s motion for a default judgment is denied as moot.
Dated: Central Islip, N.Y.
February 16, 2017

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

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