Nazario v. Stephen Einstein & Associates, P.C.

District Court, E.D. New York

Nazario v. Stephen Einstein & Associates, P.C.

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ------------------------------------x

ELIZABETH NAZARIO, individually and on behalf of all others similarly situated, MEMORANDUM & ORDER 20-CV-1542 (EK)(SMG) Plaintiff,

-against-

STEPHEN EINSTEIN & ASSOCIATES, P.C.,

Defendant.

------------------------------------x

ERIC KOMITEE, United States District Judge: The Court has received Magistrate Judge Steven M. Gold’s Report and Recommendation (R&R) dated July 29, 2020. ECF No. 7. Judge Gold recommends that this case be dismissed for failure to timely serve the complaint pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. Id. Neither party filed objections and the time to do so has expired. Accordingly, the Court reviews the R&R for clear error on the face of the record. See, e.g., Colvin v. Berryhill,

734 F. App’x 756

, 758 (2d Cir. 2018). Having reviewed the record, the Court finds no clear error. Accordingly, the Court adopts the R&R in its entirety pursuant to

28 U.S.C. § 636

(b)(1). Therefore, this action is dismissed with prejudice. The Clerk of Court is respectfully directed to enter judgment and close this case.

SO ORDERED.

_/s Eric Komitee_____________ ERIC KOMITEE United States District Judge

Dated: October 13, 2020 Brooklyn, New York

Reference

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