SANDRA J. FEUERSTEIN, District Judge.
Pending before the Court are objections by pro se plaintiff Walter Iwachiw ("plaintiff") to a Report and Recommendation of the Honorable Steven I. Locke, United States Magistrate Judge, dated August 14, 2015, recommending (a) that the motion of defendant Travelers, The Standard Fire Insurance Company ("Standard Fire") seeking summary judgment dismissing plaintiff's claims against it pursuant to Rule 56 of the Federal Rules of Civil Procedure be granted; (b) that the respective motions of defendant Tower Insurance Company of New York ("TICNY"), defendant NYU Medical Center ("NYU") and defendant Adorno Decker Associates, Inc. ("Adorno Decker") seeking judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure be granted; (c) that plaintiff's claims against defendants the City of New York and "all City of New York Departments" (collectively, "the City") be sua sponte dismissed in their entirety pursuant to Rule 4(m) of the Federal Rules of Civil Procedure; (d) that plaintiff's cross motion for summary judgment and request for leave to amend his complaint be denied; and (e) that plaintiffs World Network International Services Inc. and WNIS Companies (collectively, the "corporate plaintiffs") be afforded thirty (30) days to appear by counsel in this action, or their claims be dismissed without prejudice. For the reasons stated herein, so much of the Report as recommends sua sponte dismissing plaintiff's claims against the City for lack of proper service is rejected, but the remainder of the Report is accepted in its entirety.
Rule 72 of the Federal Rules of Civil Procedure permits magistrate judges to conduct proceedings on dispositive pretrial matters without the consent of the parties. Fed. R. Civ. P. 72(b);
General objections, or "objections that are merely perfunctory responses argued in an attempt to engage the district court in a rehashing of the same arguments set forth in the original papers will not suffice to invoke de novo review * * * [because] [s]uch objections would reduce the magistrate's work to something akin to a meaningless dress rehearsal."
Whether or not proper objections have been filed, the district judge may, after review, accept, reject, or modify any of the magistrate judge's findings or recommendations. 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b);
Initially, plaintiff contends, inter alia, that the Report is premature since he purportedly sought "additional time during the stay placed in force for the sandy cases, to secure an attorney * * * and respond to the multiple defendants [sic] motions * * *." (Plaintiff's Objections to Report ["Plf. Obj."] at 1). In addition, plaintiff contends, inter alia, that Magistrate Judge Locke erred in (1) recommending that his request for leave to amend his complaint be denied "on the incorrect basis that of a Lack of any Foundation in law," since "at least one lawful claim [for fraud] can be made and additional lawful claims can be made with resources and representation[,]" (
In response to plaintiff's objections, the City admits that "it is subject to this Court's
However, upon de novo review of the Report, the operative pleadings, all motion papers, plaintiff's objections and the responses thereto by TCINY, Adorno Denker, NYU, and Standard Fire, with the exception of Magistrate Judge Locke's recommendation that plaintiff's claims against the City be sua sponte dismissed for lack of proper service, the remainder of the Report is accepted in its entirety. For the reasons set forth in the Report, (1) the branch of Standard Fire's motion seeking summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure dismissing plaintiff's claims against it for lack of standing is granted and plaintiff's claims against Standard Fire are dismissed in their entirety for lack of standing, and Standard Fire's motion is otherwise denied; (2) TICNY's and NYU's motions for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure are granted and plaintiff's claims against TICNY and NYU are dismissed in their entirety with prejudice for failure to state a claim for relief; (3) Adorno Denker's motion for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure is granted and plaintiff's claims against Adorno Denker are dismissed in their entirety with prejudice for lack of personal jurisdiction and for failure to state a claim for relief; (4) plaintiff's cross motion for summary judgment is denied; (5) plaintiff's request for leave to amend the complaint is denied; and (6) the claims of the corporate plaintiffs are dismissed in their entirety without prejudice, and the Court declines to exercise supplemental jurisdiction over the remaining state law claims against the City and dismisses those claims without prejudice pursuant to 28 U.S.C. § 1367(c),
For the reasons set forth herein, so much of the Report as recommends that plaintiff's claims against the City be sua sponte dismissed for lack of proper service is rejected, but the remainder of the Report is accepted in its entirety and, for the reasons set forth in the Report, (1) the branch of Standard Fire's motion seeking summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure dismissing plaintiff's claims against it for lack of standing is granted and plaintiff's claims against Standard Fire are dismissed in their entirety for lack of standing, and Standard Fire's motion is otherwise denied; (2) TICNY's and NYU's motions for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure are granted and plaintiff's claims against TICNY and NYU are dismissed in their entirety with prejudice for failure to state a claim for relief; (3) Adorno Denker's motion for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure is granted and plaintiff's claims against Adorno Denker are dismissed in their entirety with prejudice for lack of personal jurisdiction and for failure to state a claim for relief; (4) plaintiff's cross motion for summary judgment is denied; (5) plaintiff's request for leave to amend the complaint is denied; and (6) the claims of the corporate plaintiffs are dismissed in their entirety without prejudice, and the Court declines to exercise supplemental jurisdiction over the remaining state law claims against the City and dismisses those claims without prejudice pursuant to 28 U.S.C. § 1367(c),
Pursuant to Rule 77(d)(1) of the Federal Rules of Civil Procedure, the Clerk of the Court shall serve notice of entry of this Order upon all parties as provided in Rule 5(b) of the Federal Rules of Civil Procedure and record such service on the docket.
SO ORDERED.