Genco v. Sargent and Collins LLP

Filing 16

DECISION AND ORDER ADOPTING REPORT AND RECOMMENDATIONS 15 granting 3 Motion to Dismiss. The complaint is dismissed with prejudice and the Clerk of Court is directed to close this case. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 8/10/2018. (APG)-CLERK TO FOLLOW UP-

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

BENEDICT R. GENCO,
Plaintiff,
v.

18-CV-107V(R)
DECISION AND ORDER

SARGENT & COLLINS LLP,
Defendant.

On January 22, 2018, the plaintiff commenced this action. Docket Item 1.
On February 21, 2018, this Court referred this case to United States Magistrate Judge
Michael J. Roemer for all proceedings under 28 U.S.C. § 636(b)(1)(A) and (B). Docket
Item 7. On February 20, 2018, the defendant moved to dismiss, Docket Item 3;
on March 1, 2018, the plaintiff responded, Docket Item 8; on March 29, 2018, the
defendant replied, Docket Item 9; and on April 9, 2018, the plaintiff filed a sur-reply,
Docket Item 10. On June 4, 2018, Judge Roemer issued a Report and
Recommendation (“R&R”), finding that the defendant's motion should be granted and
the complaint dismissed with prejudice. Docket Item 15. The parties did not object to
the R&R, and the time to do so now has expired. See 28 U.S.C. § 636(b)(1); Fed. R.
Civ. P. 72(b)(2).
A district court may accept, reject, or modify the findings or recommendations of
a magistrate judge. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3). A district court
must conduct a de novo review of those portions of a magistrate judge’s
recommendation to which a party objects. 28 U.S.C. § 636(b)(1); Fed. R. Civ.

P. 72(b)(3). But neither 28 U.S.C. § 636 nor Federal Rule of Civil Procedure 72
requires a district court to review the recommendation of a magistrate judge to which no
objections are raised. See Thomas v. Arn, 474 U.S. 140, 149-50 (1985).
Although not required to do so in light of the above, this Court nevertheless has
reviewed Judge Roemer's R&R as well as the parties’ submissions to him. Based on
that review and the absence of any objections, the Court accepts and adopts
Judge Roemer's recommendation to grant the defendant's motion to dismiss.
For the reasons stated above and in the R&R, the defendant's motion to dismiss,
Docket Item 3, is GRANTED; the complaint, Docket Item 1, is dismissed with prejudice;
and the Clerk of Court shall close the file.

SO ORDERED.
Dated:

August 10, 2018
Buffalo, New York

s/ Lawrence J. Vilardo
LAWRENCE J. VILARDO
UNITED STATES DISTRICT JUDGE

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