Capak v. Epps et al

Filing 94

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 92 Report and Recommendations, 61 Motion to Add Party(ies) filed by Richard J. Capak. As no objections to the Report were filed, the Court has reviewed Judge Parker's Report for clear error. The Court finds no error and thus adopts the well-reasoned Report in its entirety. Plaintiff's motion to amend the complaint to add Street Execs Management as a defendant is therefore denied. The Clerk of Court is respectfully directed to terminate the motion pending at Dkt. 61. SO ORDERED. (Signed by Judge Ronnie Abrams on 5/19/2020) (mml)

Case 1:18-cv-04325-RA-KHP Document 94 Filed 05/19/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

USDC-SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC#:
DATE FILED: 5-19-20

RICHARD J. CAPAK,
Plaintiff,
18-CV-4325 (RA)
v.
TAUHEED EPPS also known as 2 CHAINZ
AND RORY DORALL SMITH,

ORDER ADOPTING REPORT AND
RECOMMENDATION

Defendants.

RONNIE ABRAMS, United States District Judge:
Plaintiff Richard J. Capak filed this action against Defendants Tauheed Epps and Rory
Dorall Smith in the Supreme Court of the State of New York, asserting claims for assault, battery,
negligence, and negligent hiring and retention. Defendants subsequently removed the action to
this Court. See Dkt. 3. The case was referred to Magistrate Judge Katharine Parker for general
pretrial management on November 26, 2019. See Dkt. 34. At a conference before Judge Parker
on December 18, 2019, Plaintiff indicated for the first time that he intended to file a motion to
amend the complaint to add “Street Execs Management” as a defendant. See Dkt. 41 at 3-4.1
Judge Parker set a briefing schedule on Plaintiff’s motion to amend, and directed him to “provide
a proposed amended pleading together with [his] motion.” Dkt. 41 at 16.
Plaintiff filed his motion to amend the complaint on January 10, 2020, see Dkts. 51, 61,
and Defendant Epps filed an opposition on January 24, 2020, see Dkt. 66. 2 On April 7, 2020,

1

Fact discovery closed on December 5, 2019. At the December 18, 2019 conference, Defendant Epps also informed
the Court of his intent to move for summary judgment based on the existing record. See Dkt. 41 at 4-5.
2
Plaintiff did not file a reply brief. See Dkt. 61 at 1 (“There will be no reply.”).

Case 1:18-cv-04325-RA-KHP Document 94 Filed 05/19/20 Page 2 of 2

Judge Parker issued a report and recommendation (the “Report”), recommending that the Court
deny Plaintiff’s motion. See Dkt. 92. Neither party filed objections to the Report.
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)(1). 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); see also Report at 10 (advising parties of
deadline to file written objections pursuant to 28 U.S.C. § 636(b)(1) and Fed. R. Civ. P. 72(b)).
“When the parties make no objections to the Report, the Court may adopt the Report if ‘there is
no clear error on the face of the record.’” Smith v. Corizon Health Servs., No. 14-CV-8839 (GBD)
(SN), 2015 WL 6123563, at *1 (S.D.N.Y. Oct. 16, 2015) (quoting Adee Motor Cars, LLC v. Amato,
388 F. Supp. 2d 250, 253 (S.D.N.Y. 2005)). “Furthermore, if as here . . . the magistrate judge’s
report states that failure to object will preclude appellate review and no objection is made within
the allotted time, then the failure to object generally operates as a waiver of the right to appellate
review.” Hamilton v. Mount Sinai Hosp., 331 F. App’x 874, 875 (2d Cir. 2009) (citations omitted).
As no objections to the Report were filed, the Court has reviewed Judge Parker’s Report
for clear error. The Court finds no error and thus adopts the well-reasoned Report in its entirety.
Plaintiff’s motion to amend the complaint to add Street Execs Management as a defendant is
therefore denied. The Clerk of Court is respectfully directed to terminate the motion pending at
Dkt. 61.
SO ORDERED.
Dated:

May 19, 2020
New York, New York
Ronnie Abrams
United States District Judge

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