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

MONICA JARAMA, on behalf of herself and others similarly situated, MEMORANDUM & ORDER Plaintiff, 20-CV-3463(EK)(VMS)

-against-

85-16 FOOD CORP. d/b/a CEVICHERIA EL REY, ISRAEL TELLEZ, and ROCIO RIOS,

Defendants.

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

ERIC KOMITEE, United States District Judge: The Court has received Magistrate Judge Scanlon’s Report and Recommendation (R&R) dated August 21, 2023. ECF No. 59. Judge Scanlon recommends that I deny the defendants’ motion for summary judgment. The defendants timely objected, raising fairly oblique challenges to the R&R’s characterization of several pieces of evidence. A district court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.”

(b)(1). The district court reviews de novo those portions of an R&R to which a party has specifically objected. Id.; Fed. R. Civ. P. 72(b)(3); see also Kruger v. Virgin Atl. Airways, Ltd.,

(E.D.N.Y. 2013) (“A proper objection is one that identifies the specific portions of the R&R that the objector asserts are erroneous and provides a basis for this assertion.”), aff’d,

(2d Cir. 2014). As to the portions of the R&R to which no party has sufficiently objected, the Court reviews for clear error on the face of the record. See Advisory Comm. Notes to Fed. R. Civ. P. 72(b); accord State Farm Mut. Auto. Ins. Co. v. Grafman,

(E.D.N.Y. 2013).

Having conducted a de novo review of the portions of the R&R to which the defendants have objected, and a review of the remaining portions for clear error, I adopt the R&R in its entirety. Simply put, none of the defendants’ objections dictate a different conclusion than the R&R recommended. Thus, the defendants’ motion for summary judgment is denied. The parties are directed to submit a proposed joint pretrial order, consistent with Rule V.A. of this Court’s Individual Rules and Practices, on or before October 30, 2023.

SO ORDERED.

/s/ Eric Komitee ERIC KOMITEE United State s District Judge

Dated: September 23, 2023

Brooklyn, New York