Demopoulos v. Curcio

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -----------------------------------------------------------------x DEMOS P. DEMOPOULOS, STEPHEN MALONE, and MICHAEL SPINELLI, as Union Trustees and Fiduciaries of the LOCAL 854 PENSION FUND and the LOCAL 854 HEALTH AND WELFARE FUND, ORDER ADOPTING REPORT AND Plaintiffs, RECOMMENDATION 20-CV-1208 (RRM) (PK) - against - JOHN CURCIO, WILLIAM CASSESE, and KENNETH BARRETT, as Employer Trustees of the LOCAL 854 PENSION FUND and the LOCAL 854 HEALTH AND WELFARE FUND, Defendants. -----------------------------------------------------------------x ROSLYNN R. MAUSKOPF, United States District Judge.

In a report and recommendation dated January 10, 2021, (the “R&R”), Magistrate Judge Peggy Kuo recommended that the Court deny plaintiffs’ motion for a preliminary injunction and compel plaintiffs to move forward with arbitration. (R&R (Doc. No. 40).) Judge Kuo advised the parties that they had 14 days from the date of that R&R in which to file objections. (Id.) The R&R was electronically served on January 10, 2021. To date, neither party has filed an objection to the R&R. Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, the Court has reviewed the R&R for clear error and, finding none, adopts the R&R in its entirety. See Covey v. Simonton, 481 F. Supp. 2d 224, 226 (E.D.N.Y. 2007). Accordingly, it is ORDERED that the R&R is adopted in its entirety, that the motion for a preliminary injunction is denied, and that plaintiffs are compelled to move forward with arbitration pursuant to the Notice.

SO ORDERED.

SO ORDERED.

Dated: Brooklyn, New York March 2, 2021 Roslynn R. Mauskopf ROSLYNN R. MAUSKOPF United States District Judge