Filichko v. Colvin

Filing 30

ORDER ADOPTING REPORT AND RECOMMENDATION. Upon a careful review of Judge Netburn's well-reasoned Report and Recommendation, the Court finds no clear error and hereby adopts the Report and Recommendation in its entirety. The Court therefore grant s Defendant's motion for judgment on the pleadings and denies Plaintiff's cross-motion for judgment on the pleadings. This resolves Dkt. Nos. 15, 23. The Clerk of Court is directed to close the case. So ordered. re: 29 Report and Recommendation. Terminating 23 Motion for Judgment on the Pleadings filed by Carolyn Colvin. Terminating 15 Motion for Judgment on the Pleadings filed by Sharon Filichko. (Signed by Judge Alison J. Nathan on 6/6/2016) (rjm)

USDCSDNY
DOCUMENT
ELECTRONICALLY FILED

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

~~~:~ILED:-JON 06 2016

Sharon Filichko,
Plaintiff,

15-CV-525 (AJN)

-vORDER ADOPTING
REPORT AND
RECOMMENDATION

Carolyn Colvin,
Defendant(s).

ALISON J. NATHAN, District Judge:
Presently before the Court is the April 27, 2016 Report and Recommendation ("Report")
of United States Magistrate Judge Sarah Netbum. Dkt. No. 29. Plaintiff in this social security
action filed a motion for judgment on the pleadings in August 2015 and Defendant filed a cross
motion for judgment on the pleadings in December 2015. Dkt. Nos. 15, 23. In her Report, Judge
Netbum granted Defendant's motion and denied Plaintiffs motion. Dkt. No. 29 at 17.
Pursuant to 28 U.S.C. § 636, "[w]ithin fourteen days after being served with a copy [of a
report and recommendation], any party may serve and file written objections to such proposed
findings and recommendations." 28 U.S.C. § 636(b)(l); see also Fed. R. Civ. P. 72(b)(2)
("Within 14 days after being served with a copy of the recommended disposition, a party may
serve and file specific written objections to the proposed findings and recommendations."). The
Court "shall make a de novo determination of those portions of the report or specified proposed
findings or recommendations to which objection is made." 28 U.S.C. § 636(b)(l).
Judge Netbum's Report advised the parties of the deadline to file objections, Dkt. No. 29
at 18, but no objections have been received to date. If"no specific written objection is made, the
district court may adopt [the report and recommendation] as long as the factual and legal basis
supporting the findings and conclusions set forth ... are not clearly erroneous or contrary to

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law." Norman v. Astrue, 912 F. Supp. 2d 33, 39 (S.D.N.Y. 2012) (quoting Eisenberg v. New
England Motor Freight, Inc., 564 F. Supp. 2d 224, 226 (S.D.N.Y. 2008)) (internal quotation
marks omitted). Upon a careful review of Judge Netbum's well-reasoned Report and
Recommendation, the Court finds no clear error and hereby adopts the Report and
Recommendation in its entirety. The Court therefore grants Defendant's motion for judgment on
the pleadings and denies Plaintiff's cross-motion for judgment on the pleadings.
This resolves Dkt. Nos. 15, 23. The Clerk of Court is directed to close the case.

SO ORDERED.

~J""

Dated: ~
2016
New York, New York

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