World Trade Centers Association, Inc. v. The Port Authority of New York and New Jersey

Filing 214

ORDER ADOPTING REPORT & RECOMMENDATION adopting 213 Report and Recommendation, denying 181 Motion for Sanctions filed by The Port Authority of New York and New Jersey. The Court has reviewed Magistrate Judge Lehrburger's April 2, 2018 Report and Recommendation (the "Report") (docket entry no. 213) which recommends that Defendant's motion for sanctions for spoliation (docket entry no. 181) be denied. No objections to the Report have been received. In reviewing a report and recommendation, a district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate [judge]." 28 U.S.C.A. § 636(b)(1)(C) (LexisNexis 2017). "I n a case such as this one, where 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." Johnson v. New York University School of Education, No. 00 Civ. 8117, at *1, 2003 WL 21433443 (S.D.N.Y. June 16, 2003). The Court has reviewed carefully Magistrate Judge Lehrburger's thorough Report and Recommendation and finds no clear error. The Court therefore adopts the Report in its entirety for the reasons stated therein. Accordingly, Defendant's motion for sanctions is denied. This Order resolves docket entry no. 181. (Signed by Judge Laura Taylor Swain on 4/25/2018) (mro)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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WORLD TRADE CENTERs
ASSOCIATION,
Plaintiff,
-v-

No. 15 CV 7411-LTS-RWL

THE PORT AUTHORITY OF NEW YORK
AND NEW JERSEY,
Defendant.
-------------------------------------------------------x
ORDER
LAURA TAYLOR SWAIN, United States District Judge

ORDER ADOPTING REPORT & RECOMMENDATION

The Court has reviewed Magistrate Judge Lehrburger’s April 2, 2018 Report and
Recommendation (the "Report") (docket entry no. 213) which recommends that Defendant’s
motion for sanctions for spoliation (docket entry no. 181) be denied. No objections to the Report
have been received.
In reviewing a report and recommendation, a district court “may accept, reject, or
modify, in whole or in part, the findings or recommendations made by the magistrate [judge].”
28 U.S.C.A. § 636(b)(1)(C) (LexisNexis 2017). “In a case such as this one, where 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.” Johnson v. New York University School of Education, No. 00 Civ. 8117, at
*1, 2003 WL 21433443 (S.D.N.Y. June 16, 2003).

WTCA SANCTIONS R&R ORDER

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The Court has reviewed carefully Magistrate Judge Lehrburger’s thorough Report
and Recommendation and finds no clear error. The Court therefore adopts the Report in its
entirety for the reasons stated therein. Accordingly, Defendant’s motion for sanctions is denied.
This Order resolves docket entry no. 181.

SO ORDERED.
Dated: New York, New York
April 25, 2018
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
United States District Judge

WTCA SANCTIONS R&R ORDER

VERSION APRIL 24, 2018

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