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Oladapo v. Smart One Energy, LLC, 14 CV 7117-LTS-BCM. (2017)

Court: District Court, S.D. New York Number: infdco20171201d52 Visitors: 9
Filed: Nov. 30, 2017
Latest Update: Nov. 30, 2017
Summary: ORDER LAURA TAYLOR SWAIN , District Judge . On November 9, 2017, Magistrate Judge Barbara C. Moses issued a Report and Recommendation (docket entry no. 88, the "Report") recommending that the parties Uncontested Motion for Preliminary Approval of Class Action Settlement (docket entry no. 80, the "Motion") be denied without prejudice to renewal in connection with a revised settlement proposal. No objections to the Report have been filed by either party, although Plaintiff's counsel requested
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ORDER

On November 9, 2017, Magistrate Judge Barbara C. Moses issued a Report and Recommendation (docket entry no. 88, the "Report") recommending that the parties Uncontested Motion for Preliminary Approval of Class Action Settlement (docket entry no. 80, the "Motion") be denied without prejudice to renewal in connection with a revised settlement proposal. No objections to the Report have been filed by either party, although Plaintiff's counsel requested by letter dated November 22, 2017, to withdraw the preliminary approval Motion. (See docket entry no. 89.) The untimely request to withdraw the Motion, which is the subject of the pending Report, is denied.

When reviewing a report and recommendation, the Court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate." 28 U.S.C.S. § 636(b)(1) (C) (LexisNexis 2016). "To accept the report and recommendation of a magistrate, 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." Wilds v. United Parcel Service, Inc., 262 F.Supp.2d 163, 169 (S.D.N.Y. 2003) (internal citations and quotation marks omitted).

Having reviewed Magistrate Judge Moses's thorough and well-reasoned Report, to which no objection has been made, the Court finds no clear error. Therefore, the Court adopts the Report in its entirety. Accordingly, Plaintiff's Uncontested Motion for Preliminary Approval of Class Action Settlement is denied without prejudice to renewal in connection with a revised settlement proposal within 60 days. This Order resolves docket entry nos. 80 and 89. This case remains referred to Judge Moses for general pretrial management.

SO ORDERED.

Source:  Leagle

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