Julian v. MetLife, Inc. et al

Filing 245

ORDER ADOPTING REPORT AND RECOMMENDATION. As of this date, no objections to the Report & Recommendation have been filed, and the deadline for objections has passed. See Dkt. No. 157. The Court thus reviews the Report & Recommendation for clear er ror. It finds none. The Court therefore adopts the Report & Recommendation in its entirety and GRANTS Defendant's motion to dismiss without prejudice for the reasons provided in Judge Moses's Report and Recommendation. So ordered. Re 168 Report and Recommendation. (Signed by Judge Alison J. Nathan on 10/14/2020) (rjm) Transmission to Orders and Judgments Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
10/19/2020

,
,
-cv-

(AJN)

–v–
ORDER ADOPTING REPORT AND
RECOMMENDATION

, et al.,
.

ALISON J. NATHAN, District Judge:
Before the Court is Judge

Report & Recommendation recommending that the

Court grant Defendants’ Motion to Dismiss
Dkt. No.

. See

.

When considering the findings and recommendations of a Magistrate Judge, the Court
may “accept, reject, or modify [them], in whole or in part.” 28 U.S.C. § 636(b)(1). The Court
must make a de novo determination of any portions of a magistrate’s report or findings to which
a party raises an objection, and reviews only for “clear error on the face of the record” when
there are no timely objections to the Report & Recommendation. Banks v. Comm’r of Soc.
Sec., No. 19-cv-929 (AJN) (SDA), 2020 WL 2765686, at *1 (S.D.N.Y. May 27, 2020); see also
Brennan v. Colvin, No. 13-cv-6338 (AJN), 2015 WL 1402204, at *1 (S.D.N.Y. Mar. 25, 2015);
Hicks v. Ercole, No. 09-cv-2531 (AJN) (MHD), 2015 WL 1266800, at *1 (S.D.N.Y. Mar. 18,
2015); Gomez v. Brown, 655 F. Supp. 2d 332, 341 (S.D.N.Y. 2009). Clear error is found only
when, upon review of the entire record, the Court is left with “the definite and firm conviction
that a mistake has been committed.” Laster v. Mancini, No. 07-CV-8265 (DAB) (MHD), 2013
WL 5405468, at *2 (S.D.N.Y. Sept. 25, 2013) (quoting United States v. Snow, 462 F.3d 55, 72
(2d Cir. 2006)).

1

As of this date, no objections to the Report & Recommendation have been filed, and the
deadline for objections has passed. See Dkt. No.

. The Court thus reviews the Report &

Recommendation for clear error. It finds none. The Court therefore adopts the Report &
Recommendation in its entirety and GRANTS Defendant’s motion to dismiss

SO ORDERED.
Dated: October 14, 2020
New York, New York

____________________________________
ALISON J. NATHAN
United States District Judge

2

for the