United Financial Casualty Company v. Paddon et al
ORDERED, that the Report-Recommendation (Dkt. No. 34) is APPROVED and ADOPTED in its entirety; and it is further ORDERED, that Plaintiffs Motion to Amend (Dkt. No. 33) is DENIED. Signed by Senior Judge Lawrence E. Kahn on October 6, 2017. (sas)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
UNITED FINANCIAL CASUALTY
JOHN PADDON, et al.,
This matter comes before the Court following a report-recommendation filed on July 28,
2017, by the Honorable Daniel J. Stewart, U.S. Magistrate Judge, pursuant to 28 U.S.C. § 636(b)
and Local Rule 72.3. Dkt. No. 34 (“Report-Recommendation”).
Within fourteen days after a party has been served with a copy of a magistrate judge’s
report-recommendation, the party “may serve and file specific, written objections to the proposed
findings and recommendations.” Fed. R. Civ. P. 72(b); L.R. 72.1(c). If no objections are made, or
if an objection is general, conclusory, perfunctory, or a mere reiteration of an argument made to
the magistrate judge, a district court need review that aspect of a report-recommendation only for
clear error. Barnes v. Prack, No. 11-CV-857, 2013 WL 1121353, at *1 (N.D.N.Y. Mar. 18,
2013); Farid v. Bouey, 554 F. Supp. 2d 301, 306–07, 306 n.2 (N.D.N.Y. 2008); see also
Machicote v. Ercole, No. 06-CV-13320, 2011 WL 3809920, at *2 (S.D.N.Y. Aug. 25, 2011)
(“[E]ven a pro se party’s objections to a Report and Recommendation must be specific and
clearly aimed at particular findings in the magistrate’s proposal, such that no party be allowed a
second bite at the apple by simply relitigating a prior argument.”). “A [district] judge . . . may
accept, reject, or modify, in whole or in part, the findings or recommendations made by the
magistrate judge.” 28 U.S.C. § 636(b).
In the Report-Recommendation, Judge Stewart recommends denying Plaintiff’s motion to
amend its complaint, Dkt. No. 33 (“Motion to Amend”), and dismissing the action for lack of
subject matter jurisdiction. Rep.-Rec. at 3–6. Plaintiff filed timely objections. Dkt. No. 35
(“Objections”). Plaintiff raises three objections to the Report-Recommendation: “(1) the
defendants, in declining to oppose the motion to amend, have conceded that a real case or
controversy exists; (2) the allegations of the proposed Amended Complaint, taken as true, set
forth a real case or controversy; and (3) the pendency of the Underlying Action, which includes
allegations that PADDON PAVING is liable, and the parties’ request for coverage from
UNITED FINANCIAL for any such liability, is precisely the type of dispute proper for this
Court’s resolution.” Id. at 4.1
Plaintiff’s first objection lacks merit. The Court previously dismissed this action for lack
of subject matter jurisdiction. Dkt. No. 32 (“March Order”) at 9. “[S]ubject-matter jurisdiction,
because it involves a court’s power to hear a case, can never be forfeited or waived.” Arbaugh v.
Y&H Corp., 546 U.S. 500, 514 (2006) (quoting United States v. Cotton, 535 U.S. 625, 630
(2002)). Therefore, Plaintiffs contention that the Defendants have conceded that a “a real case or
controversy exists,” Objs. at 4, is irrelevant to assessing whether the Court has power to hear this
case. The Court agrees with Judge Stewart that Plaintiff’s proposed amended complaint fails to
allege a real case or controversy.
Plaintiff does not specify what the “Underlying Action” is, but it appears to be a
reference to the instant case.
The remaining two objections are merely a repetition of arguments made to Judge
Stewart. Compare id. at 5–7, with Dkt. No. 33-7 (“Memorandum”) at 5–7. Thus, the Court has
reviewed the remainder of the Report-Recommendation for clear error and has found none.
Accordingly, it is hereby:
ORDERED, that the Report-Recommendation (Dkt. No. 34) is APPROVED and
ADOPTED in its entirety; and it is further
ORDERED, that Plaintiff’s Motion to Amend (Dkt. No. 33) is DENIED; and it is
ORDERED, that the Clerk of the Court shall close this case; and it is further
ORDERED, that the Clerk of the Court serve a copy of this Order on all parties in
accordance with the Local Rules.
IT IS SO ORDERED.
October 06, 2017
Albany, New York
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?