Filed: Mar. 22, 2018
Latest Update: Mar. 22, 2018
Summary: AND ADOPTION ORDER ARTHUR D. SPATT , District Judge . On July 20, 2017, the Clerk of the Court noted the default of the Defendants Capri Landscaping Inc., and Salvatore Coluccio. On July 27, 2017, the Plaintiff Trustees of the United Plant and Production Workers Local 175 Benefits Fund filed a motion for default judgment against those Defendants. On July 28, 2017, the Court referred the Plaintiff's motion to United States Magistrate Judge Arlene R. Lindsay. On February 26, 2018, Judge Lin
Summary: AND ADOPTION ORDER ARTHUR D. SPATT , District Judge . On July 20, 2017, the Clerk of the Court noted the default of the Defendants Capri Landscaping Inc., and Salvatore Coluccio. On July 27, 2017, the Plaintiff Trustees of the United Plant and Production Workers Local 175 Benefits Fund filed a motion for default judgment against those Defendants. On July 28, 2017, the Court referred the Plaintiff's motion to United States Magistrate Judge Arlene R. Lindsay. On February 26, 2018, Judge Lind..
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AND ADOPTION ORDER
ARTHUR D. SPATT, District Judge.
On July 20, 2017, the Clerk of the Court noted the default of the Defendants Capri Landscaping Inc., and Salvatore Coluccio. On July 27, 2017, the Plaintiff Trustees of the United Plant and Production Workers Local 175 Benefits Fund filed a motion for default judgment against those Defendants.
On July 28, 2017, the Court referred the Plaintiff's motion to United States Magistrate Judge Arlene R. Lindsay.
On February 26, 2018, Judge Lindsay issued a report and recommendation (the "R&R") recommending that the Plaintiff's motion be denied with leave to renew upon filing proof of service of the motion on all of the Defendants.
On March 6, 2018, the Plaintiff filed proof of service of the R&R on the Defendants.
It has been more than fourteen days since the service of the R&R, and the parties have not filed objections.
As such, pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, this Court has reviewed the R&R for clear error, and finding none, now concurs in both its reasoning and its result. See Coburn v. P.N. Fin., No. 13-CV-1006 (ADS) (SIL), 2015 WL 520346, at *1 (E.D.N.Y. Feb. 9, 2015) (reviewing Report and Recommendation without objections for clear error).
Accordingly, the Plaintiff's motion for default judgment is denied without prejudice. The Plaintiff is granted leave to renew its motion once it serves the motion on the Defendants.
SO ORDERED.
