UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK --------------------------------------------------------------- X VANESSA FEELEY, on behalf of herself and a : class of similarly situated individuals, : Plaintiff, : ORDER ADOPTING REPORT

AND RECOMMENDATION – against – : : 20-CV-1770 (AMD) (PK) THE CITY OF NEW YORK; MICHAEL RUBENS BLOOMBERG, as Former Mayor; : BILL de BLASIO, as Mayor; MARTHA H. : HIRST, as Former Commissioner — Department of Citywide Administrative Services; EDNA WELLS : HANDY, as Former Commissioner — Department : of Citywide Administrative Services; STACEY CUMBERBATCH, as Former Commissioner — : Department of Citywide Administrative Services; LISETTE CAMILO, as Commissioner — : Department of Citywide Administrative Services; : NICHOLAS SCOPPETTA, as Former Commissioner — Fire Department City of New : York; SALVATORE CASSANO, as Former : Commissioner - Fire Department City of New York; DANIEL A. NIGRO, as Commissioner, Fire : Department City of New York; MARK : ARONBERG, as Assistant Commissioner, Fleet Services Division, Fire Department City of New : York; ANDY DIAMOND, as Executive Director, Fleet Services Division, Fire Department City of : New York; LOUIS MORBELLI, as Director, Fleet : Services Division, Fire Department City of New York; HUGH MCALLISTER, as Deputy Director, : Fleet Services Division, Fire Department City of : New York and PATRICK MURPHY, as Supervisor, Fleet Services Division, Fire : Department City of New York each sued individually and in their official capacities as : employees of Defendant THE CITY OF NEW : YORK, :

Defendants. : --------------------------------------------------------------- X ANN M. DONNELLY, United States District Judge: On April 10, 2020, the plaintiff filed this action alleging discrimination based on her need to pump breast milk at work. (See generally ECF No. 1.) The plaintiff brings claims under Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e et seq.; the Civil Rights Act of 1871,

; the New York State Human Rights Law (“NYSHRL”),

et seq.; and the New York City Human Rights Law (“NYCHRL”), N.Y.C. Admin. Code § 8-107 et seq. (Id. at 1-2.)

On August 21, 2022, the plaintiff moved for class certification. (ECF No. 80.) I referred the motion to the Honorable Peggy Kuo, who issued a comprehensive report and recommendation on March 24, 2023. (ECF No. 96.) Judge Kuo recommended that I deny the plaintiff’s motion because she did not show commonality, typicality, or adequacy with respect to a proposed class. (Id. at 16-23.) No party has filed an objection to the report and recommendation; the time for doing so has passed. A district court reviewing a report and recommendation “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.”

(b)(1)(C). To accept a report and recommendation to which no timely objection has been made, “a district court need only satisfy itself that there is no clear error on the face of the

record.” VOX Amplification Ltd. v. Meussdorffer,

(E.D.N.Y. 2014). I have carefully reviewed Magistrate Judge Kuo’s thorough and well-reasoned report and recommendation for clear error and find none. Accordingly, I adopt the report and recommendation in its entirety, and deny the plaintiff’s motion for class certification. SO ORDERED. s/Ann M. Donnelly ___________________________ ANN M. DONNELLY United States District Judge Dated: Brooklyn, New York April 12, 2023