Fertitta, III et al v. Knoedler Gallery, LLC et al

Filing 87

OPINION AND ORDER: The Court is in receipt of Magistrate Judge Henry Pitman's Report and Recommendation of May 21, 2015 ("Report"), which recommends that the Court deny Defendant Jaime Andrade's application for attorney's fee s in connection with his motion to dismiss the amended complaint. (Dkt. No. 86.) The period for the parties to object to the Report has expired, and no objections have been filed. See Fed. R. Civ. P. 72(b)(2). Because there are no objections, the Cou rt reviews the Report "strictly for clear error." Coach, Inc. v. O'Brien, No. 10 Civ. 6071 (JPO)(JLC), 2012 WL 1255276, at *1 (S.D.N.Y. Apr. 13, 2012) (citing McDonaugh v. Astrue, 672 F. Supp. 2d 542, 547 (S.D.N.Y. 2009)). Having revie wed the Report, the Court is satisfied that there is no clear error. Accordingly, Magistrate Judge Pitman's Report is ADOPTED, and Andrade's application for attorney's fees is DENIED. (Signed by Judge J. Paul Oetken on 6/19/2015) (kko)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
FRANK J. FERTITTA III and EYKYN
:
:
MACLEAN, LP,,
:
Plaintiffs, :
:
-v:
:
KNOEDLER GALLERY, LLC d/b/a
:
:
KNOEDLER & COMPANY, et al.,
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Defendants. :
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J. PAUL OETKEN, District Judge:

14-CV-2259 (JPO)
OPINION AND ORDER

The Court is in receipt of Magistrate Judge Henry Pitman’s Report and Recommendation
of May 21, 2015 (“Report”), which recommends that the Court deny Defendant Jaime Andrade’s
application for attorney’s fees in connection with his motion to dismiss the amended complaint.
(Dkt. No. 86.) The period for the parties to object to the Report has expired, and no objections
have been filed. See Fed. R. Civ. P. 72(b)(2). Because there are no objections, the Court
reviews the Report “strictly for clear error.” Coach, Inc. v. O’Brien, No. 10 Civ. 6071
(JPO)(JLC), 2012 WL 1255276, at *1 (S.D.N.Y. Apr. 13, 2012) (citing McDonaugh v. Astrue,
672 F. Supp. 2d 542, 547 (S.D.N.Y. 2009)). Having reviewed the Report, the Court is satisfied
that there is no clear error. Accordingly, Magistrate Judge Pitman’s Report is ADOPTED, and
Andrade’s application for attorney’s fees is DENIED.

Dated: June 19, 2015
New York, New York

____________________________________
J. PAUL OETKEN
United States District Judge