Rios v. RedBubble, Inc. et al

Filing 30

ORDER ADOPTING REPORT AND RECOMMENDATION for 28 Report and Recommendations. Accordingly, Plaintiff's claims against the four defendants who have not appeared - RedBubble, Inc., Society 6, LLC, Cloudfare, Inc., and Amazon.com, LLC - are dismissed without prejudice. The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff and to close the case. SO ORDERED. (Signed by Judge Ronnie Abrams on 9/21/2018) (anc) Transmission to Docket Assistant Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

USDC-SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC#:
DATE FILED: 9/21/2018

LIZA RIOS,
Plaintiff,
V.

18-CV-2260 (RA)
ORDER ADOPTING REPORT AND
RECOMMENDATION

RED BUBBLE, INC., et al.,
Defendants.
RONNIE ABRAMS, United States District Judge:

Plaintiff Liza Rios brings this action pro se, fee paid, seeking damages against seven
corporate defendants for allegedly infringing on her registered trademark. Only four of those
defendants remain in the case-but there is no indication that any of them have been properly
served with the summons and Complaint under Federal Rule of Civil Procedure 4. Before the
Court is the August 28, 2018 Report and Recommendation of the Hon. Barbara Moses (the
"Report"), which recommends dismissing Plaintiffs claims against the four absent defendants
without prejudice pursuant to Federal Rule of Civil Procedure 4(m) and 12(b)(5). See R. & R.
(Dkt. 28).
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. § 636(b)(l). Parties may object to a
magistrate judge's recommended findings "[ w]ithin 14 days after being served with a copy of the
recommended disposition." Fed. R. Civ. P. 72(b)(2). That deadline is extended to 17 days when
service is made by mail. See Fed. R. Civ. P. 6(d). "The district court may adopt those portions of
a report and recommendation to which no timely objections have been made, provided no clear
error is apparent from the face of the record." Hancock v. Rivera, No. 09-CV-7233 (CS) (GAY),
2012 WL 3089292, at *1 (S.D.N.Y. July 30, 2012) (internal citation omitted).

Plaintiffs deadline for objecting to the Report has passed, and Plaintiff has not objected to
Judge Moses' thorough and well-reasoned Report. The Court thus reviews the Report for clear
error and, finding none, adopts the Report in its entirety. Accordingly, Plaintiffs claims against
the four defendants who have not appeared-RedBubble, Inc., Society 6, LLC, Cloudfare, Inc.,
and Amazon.com, LLC-are dismissed without prejudice.
The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff and to
close the case.
SO ORDERED.
Dated:

September 21, 2018
New York, New York
Ro ieAbrams
Un ed States District Judge