Julian v. MetLife, Inc. et al

Filing 362

ORDER adopting 349 Report and Recommendations. Objections to Magistrate Judge Moses's Report and Recommendation were due by September 15, 2021. See Dkt. No 349. As of October 7, 2021, no objections have been filed. The Court thus re views the Report & Recommendation for clear error, and finds none. The Court therefore adopts the Report & Recommendation in its entirety and GRANTS IN PART Defendants' motion to dismiss for the reasons provided in Magistrate Judge Mosess Report & Recommendation. Plaintiff Harris's IMWL claim is DISMISSED to the extent it arises out of overtime pay allegedly due for periods prior to March 7, 2017. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/7/2021) (vfr)

10/7/2021
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

Julian,
Plaintiff,
17-cv-0957 (AJN)
–v–
ORDER
MetLife, Inc., et al.,
Defendants.

ALISON J. NATHAN, District Judge:
Before the Court is Magistrate Judge Moses’s Report & Recommendation
recommending that the Court grant Defendants’ motion to dismiss in part. See Dkt. No. 349.
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 objections to the Report & Recommendation. Brennan v. Colvin, No. 13-cv-6338
(AJN), 2015 WL 1402204, at *1 (S.D.N.Y. Mar. 25, 2015); see also Hicks v. Ercole, No. 09-cv2531 (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)).
Objections to Magistrate Judge Moses’s Report and Recommendation were due by
September 15, 2021. See Dkt. No 349. As of October 7, 2021, no objections have been filed.
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The Court thus reviews the Report & Recommendation for clear error, and finds none. The
Court therefore adopts the Report & Recommendation in its entirety and GRANTS IN PART
Defendants’ motion to dismiss for the reasons provided in Magistrate Judge Moses’s Report &
Recommendation. Plaintiff Harris’s IMWL claim is DISMISSED to the extent it arises out of
overtime pay allegedly due for periods prior to March 7, 2017.

SO ORDERED.
Dated: October 7, 2021
New York, New York

____________________________________
ALISON J. NATHAN
United States District Judge

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