W et al v. The City Of New York , et al

Filing 418

ORDER: for 416 Report and Recommendations 357 Motion for Miscellaneous Relief, filed by Lucas T., Brittney W., Emmanuel S., Tyrone M., Thierry E., Ayanna J., Malik M., Alexandria R., Jose T.C., Olivia R., Mikayla G., Xavion M., Ana-Maria R., Myls J., Valentina T.C., Dameon C., Elisa W., Matthew V., Ximena T., 363 Motion to Dismiss filed by City of New York. Having reviewed Magistrate Judge Pitman's thorough and well-reasoned Report, to which no objection h as been made, the Court finds no clear error. Therefore, the Court adopts the Report in its entirety. Accordingly, Defendants' Motion to Dismiss next friends Amy Mulzer, Rachel Friedman, Dawn Cardi, Michael B. Mushlin, Reverend Doctor Gwendol yn Hadley-Hall, Bishop Lillian Robinson-Wiltshire, Liza Camellerie, Elizabeth Hendrix, and Samuel Perry is denied. Defendants Motion to Dismiss Elizabeth Barricelli as the next friend of Elisa W is granted. Plaintiffs Motion to Substitute Yusuf El Ashmawy As Next Friend of Brittney W. is granted. The Clerk of Court is requested to update the docket accordingly. This Order resolves docket entry nos. 357 and 363. This case remains referred to Judge Pitman for general pretrial management, and as further set forth in this order. (Signed by Judge Laura Taylor Swain on 3/20/2018) (ap) Modified on 3/20/2018 (ap).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-------------------------------------------------------x
ELISA W. et al.,
Plaintiffs,
-v-

No. 15 CV 5273-LTS-HBP

THE CITY OF NEW YORK, et al.,
Defendant.
-------------------------------------------------------x
ORDER
On February 28, 2018, Magistrate Judge Henry B. Pitman issued a Report and
Recommendation (docket entry no. 416, the “Report”) recommending that Defendants’ Motion
to Dismiss Next Friends of Additional Plaintiff Children, (docket entry no. 363) be granted in
part and denied in part, and that Plaintiffs’ Motion to Substitute Yusuf El Ashmawy As Next
Friend of Brittney W. (docket entry no. 357) be granted. No objections to the Report have been
filed by either party.
When reviewing a report and recommendation, the Court “may accept, reject, or
modify, in whole or in part, the findings or recommendations made by the magistrate.” 28
U.S.C.S. § 636(b)(1)(C) (LexisNexis 2016). “To accept the report and recommendation of a
magistrate, to which no timely objection has been made, a district court need only satisfy itself
that there is no clear error on the face of the record.” Wilds v. United Parcel Service, Inc., 262 F.
Supp. 2d 163, 169 (S.D.N.Y. 2003) (internal citations and quotation marks omitted).
Having reviewed Magistrate Judge Pitman’s thorough and well-reasoned Report,
to which no objection has been made, the Court finds no clear error. Therefore, the Court adopts
the Report in its entirety. Accordingly, Defendants’ Motion to Dismiss next friends Amy

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Mulzer, Rachel Friedman, Dawn Cardi, Michael B. Mushlin, Reverend Doctor Gwendolyn
Hadley-Hall, Bishop Lillian Robinson-Wiltshire, Liza Camellerie, Elizabeth Hendrix, and
Samuel Perry is denied. Defendants’ Motion to Dismiss Elizabeth Barricelli as the next friend of
Elisa W is granted. Plaintiffs’ Motion to Substitute Yusuf El Ashmawy As Next Friend of
Brittney W. is granted. The Clerk of Court is requested to update the docket accordingly. This
Order resolves docket entry nos. 357 and 363. This case remains referred to Judge Pitman for
general pretrial management.

SO ORDERED.
Dated: New York, New York
March 20, 2018
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
United States District Judge

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