Local 3621, EMS Officers Union, DC-37, AFSCME, AFL-CIO v. City of New York

USDC SDNY UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DOC #: onan nc aces canna nana nanan canna nnca canna nena ns XK DATE FILED:__7/7/2021 LOCAL 3621, EMS OFFICERS UNION, DC-37, AFSCME, AFL-CIO, et al., : Plaintiffs, 18-cv-4476 (LJL) -y- ORDER THE CITY OF NEW YORK, et al., Defendant.

LEWIS J. LIMAN, United States District Judge: On March 31, 2021, Magistrate Judge Sarah L. Cave issued a Report and Recommendation recommending that the Court grant in part and deny in part Plaintiffs’ motion for an adverse inference, insofar as recommending that the Court deny the request for an adverse inference but grant sanctions in the form of reimbursement to Plaintiffs for reasonable attorneys’ fees and costs for the motions at Dkt. Nos. 192, 267, 360, and 328. Dkt. No. 373. Magistrate Judge Cave advised the parties that they had fourteen (14) days to file written objections to the Report and Recommendation, and no such objections have been filed.

In reviewing a Magistrate Judge’s 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). Parties are given the opportunity to raise timely objections to the report and recommendation within fourteen (14) days. Jd. The Court reviews any portion of the report subject to an objection de novo; however, in the absence of any objection, the Court reviews the report and recommendation only for clear error. Fed. R. Civ. P. 72(b) Advisory Committee Notes; Colvin v. Berryhill, 734 F. App’x 756, 758 (2d Cir. 2018).

The Court has reviewed the record and the Report and Recommendation for clear error and, finding none, hereby ORDERS that the Report and Recommendation is ADOPTED in its entirety and GRANTS IN PART and DENIES IN PART Plaintiffs’ motion for sanctions as set forth in the Report and Recommendation.

The Clerk of Court is respectfully directed to close Dkt. No. 328.

SO ORDERED.

Ze eS Dated: July 7, 2021 wl Hine New York, New York LEWIS J. LIMAN United States District Judge