American Empire Surplus Lines Insurance Company v. Joseph & Son Restoration Inc.

District Court, E.D. New York

American Empire Surplus Lines Insurance Company v. Joseph & Son Restoration Inc.

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK wicca i bt rnncsacrassoeiens ln ciarmsiiinimiin AMERICAN EMPIRE SURPLUS LINES INSURANCE COMPANY, Plaintiff, : : ORDER v. : 20-CV-1897 (WFK)(CLP) JOSEPH & SON RESTORATION INC., ef al., i Defendants. ; peace EEEn gy □□ □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ ne Te WILLIAM F. KUNTZ, II, United States District Judge: On November 5, 2021, the Honorable Chief Magistrate Judge Pollak filed a Report and Recommendation (“R&R”) recommending this Court GRANT Plaintiff's motions for summary judgment and pre-judgment interest and DENY Plaintiff's motions for attorney’s fees and declaratory judgment without prejudice. ECF No. 45. Written objections to the R&R were due on November 19, 2021. To date, no objection has been filed. In reviewing a report and recommendation, 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). Where no objections have been filed, the Court reviews a report and recommendation for clear error. See Covey v. Simonton,

481 F. Supp. 2d 224, 226

(E.D.N.Y. 2007) (Garaufis, J.). The Court finds no such error here. Accordingly, the Court ADOPTS the R&R in its entirety. The Court respectfully directs the Clerk of Court to terminate the motions pending at ECF No. 35 & 45.

□□□□ s/ WEK □□

HON. WILLIAM F. KUNTZ, II UNITED STATES DISTRICT JUDGE

Dated: November 23, 2021 Brooklyn, New York

Reference

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