Filed: Jan. 04, 2018
Latest Update: Jan. 04, 2018
Summary: NOT FOR PUBLICATION ORDER CAROL BAGLEY AMON , District Judge . The Court has received the Report and Recommendation("R&R")of the Honorable Vera M. Scanlon, United States Magistrate Judge, for the instant action filed by pro se Plaintiff Todd C. Bank. (D.E. # 138.) Magistrate Judge Scanlon recommends that this Court deny Plaintiffs motion for leave to file a Second Amended Complaint pursuant to Rule 15(a)(2) of the Federal Rules of Civil Procedure. ( See D.E. # 123-24, 127.) No party ha
Summary: NOT FOR PUBLICATION ORDER CAROL BAGLEY AMON , District Judge . The Court has received the Report and Recommendation("R&R")of the Honorable Vera M. Scanlon, United States Magistrate Judge, for the instant action filed by pro se Plaintiff Todd C. Bank. (D.E. # 138.) Magistrate Judge Scanlon recommends that this Court deny Plaintiffs motion for leave to file a Second Amended Complaint pursuant to Rule 15(a)(2) of the Federal Rules of Civil Procedure. ( See D.E. # 123-24, 127.) No party has..
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NOT FOR PUBLICATION
ORDER
CAROL BAGLEY AMON, District Judge.
The Court has received the Report and Recommendation("R&R")of the Honorable Vera M. Scanlon, United States Magistrate Judge, for the instant action filed by pro se Plaintiff Todd C. Bank. (D.E. # 138.) Magistrate Judge Scanlon recommends that this Court deny Plaintiffs motion for leave to file a Second Amended Complaint pursuant to Rule 15(a)(2) of the Federal Rules of Civil Procedure. (See D.E. # 123-24, 127.)
No party has objected to the R&R, and the time for doing so has passed.1 When deciding whether to adopt an R&R, the 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). To accept those portions of the R&R "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." Jarvis v. N. Am. Globex Fund, L.P., 823 F.Supp.2d 161, 163 (E.D.N.Y. 2011) (quoting Wilds v. United Parcel Serv., 262 F.Supp.2d 163, 169 (S.D.N.Y. 2003)).
The Court has reviewed Magistrate Judge Scanlon's thorough and careful R&R, the proposed Second Amended Complaint, and the record evidence, such as the June 2010 asset purchase agreement between Defendant Hydra Group LLC and proposed co-Defendant Acknowledge, Inc. The Court finds no clear error and adopts the R&R as the opinion of the Court.
Accordingly, the Court DENIES Plaintiffs motion for leave to file a Second Amended Complaint. (See D.E. # 123-24, 127, 138.) In addition, the Court notes that this action has proceeded for more than seven years. Three district judges and three magistrate judges have presided over this case. In particular. Magistrate Judge Scanlon has expended significant time and resources refereeing the discovery period, which began on February 15, 2012. This case calls for swift resolution of the merits. Accordingly, this Court ORDERS that the parties shall complete all additional discovery by January 31, 2018. The Court respectfully refers any remaining discovery disputes to Magistrate Judge Scanlon. The Court further ORDERS that the deadline for submitting a proposed joint pretrial order is set for February 28, 2018. The Court respectfully refers any proposed joint pretrial order to Magistrate Judge Scanlon for review.
SO ORDERED.
