Perez et al v. Isabella Geriatric Center, Inc.

Filing 178

ORDER ADOPTING REPORT AND RECOMMENDATION for 177 Report and Recommendations 141 Motion to Amend/Correct filed by Ana Paulino, Maritza A. Cortes, Yudelka E. Perez. Having reviewed the Report for clear error and finding none, the Court adopts the well-reasoned Report in its entirety. Plaintiffs' motion is therefore granted with respect to the "on-the-clock" amendments, but denied with respect to the addition of the NYLL § 195(3) claim. Plaintiffs shall file an Amende d Complaint consistent with the Report and this Order no later than January 30, 2017. The Clerk of Court is respectfully directed to close the motion pending at Docket Number 141. (As further set forth in this Order.) ( Amended Pleadings due by 1/30/2017.) (Signed by Judge Ronnie Abrams on 1/23/2017) (cf)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

USDC-SDNY
DOCUMENT
ELECTRO NI CALLY FILED
DOC#:
DATE FILED: 01/23/2017

YUDELKA E. PEREZ, et al.,
Plaintiffs,

No. 13-CV-7453 (RA)
ORDER ADOPTING REPORT AND
RECOMMENDATION

V.

ISABELLA GERIATRIC CENTER, INC.,
Defendant.

RONNIE ABRAMS, United States District Judge:
Plaintiffs bring this collective and class action alleging violations of the Fair Labor
Standards Act ("FLSA") and the New York Labor Law ("NYLL"). Before the Court is Plaintiffs'
motion to amend the Complaint to (1) make clear that Plaintiffs' claims encompass unpaid time
that Plaintiffs worked while "on-the-clock" and (2) add a new claim under NYLL § 195(3). On
January 4, 2017, the Honorable Ronald L. Ellis, United States Magistrate Judge, issued a Report
and Recommendation (the "Report") recommending that the Court grant Plaintiffs' motion with
respect to the first proposed amendment, but deny it with respect to the second.
The deadline for filing objections was January 18, 2017. Since no party filed a timely
objection to the Report, the Court reviews it for clear error. See Fed. R. Civ. P. 72 advisory
committee notes to 1983 addition ("When no timely objection is filed, the court need only satisfy
itself that there is no clear error on the face of the record in order to accept the recommendation.");
see also Borcsok v. Early, 299 F. App'x 76, 77 (2d Cir. 2008) (summary order); Belizaire v. RAV
Investigative & Sec. Servs. Ltd., 61 F. Supp. 3d 336, 339--40 (S.D.N.Y. 2014). Having reviewed

the Report for clear error and finding none, the Court adopts the well-reasoned Report in its
entirety. Plaintiffs' motion is therefore granted with respect to the "on-the-clock" amendments,

but denied with respect to the addition of the NYLL § 195(3) claim. Plaintiffs shall file an
Amended Complaint consistent with the Report and this Order no later than January 30, 2017. The
Clerk of Court is respectfully directed to close the motion pending at Docket Number 141.
As Judge Ellis indicated in the Report, the parties' failure to timely object to the Report
precludes appellate review of this decision. See, e.g., Wagner & Wagner, LLP v. Atkinson,

Haskins, Nellis, Brittingham, Gladd & Carwile, P.C., 596 F.3d 84, 92 (2d Cir. 2010).
SO ORDERED.
Dated:

January 23, 2017
New York, New York

Ronnie::1\15r~ms
United States District Judge

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