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16-2218 - Isigi v. Harry's Nurses Registry et al


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16-2218 - Isigi v. Harry's Nurses Registry et al
January 6, 2017
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MEMORANDUM and ORDER ADOPTING REPORT AND RECOMMENDATION: There being no error the Court adopts MJ Gold's Report and Recommendation 18 without de novo review, directs the Judgment Clerk to note defendants default, and orders plaintiff to file a motion for default judgment with respect to liability and damages by March 6, 2017. Ordered by Judge Frederic Block on 1/6/2017. (Innelli, Michael)
October 4, 2017
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MEMORANDUM and ORDER ADOPTING REPORT AND RECOMMENDATION: Magistrate Judge Golds Report and recommendation 50 is adopted except for one procedural nuance. Fed. R. Civ. P. 37 allows the Court to directly impose a default judgment, not just a default. Fed. R. Civ. P. 37(b)(2)(A)(vi). Therefore, Defendants answer is stricken, and a default judgment is entered against them. The matter is referred back to the magistrate judge for consideration of damages and any other appropriate remedies. Ordered by Judge Frederic Block on 10/4/2017. (Innelli, Michael) Modified on 10/4/2017 (Innelli, Michael).
April 2, 2018
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MEMORANDUM and ORDER ADOPTING REPORT AND RECOMMENDATION: Where there are no objections, the Court may adopt the Report and Recommendation 87 without de novo review. See Thomas v. Arn, 474 U.S. 140, 149-50 (1985); Mario v. P & C Food Mkts., Inc., 313 F.3d 758, 766 (2d Cir. 2002) (Where parties receive clear notice of the consequences, failure timely to object to a magistrates report and recommendation operates as a waiver of further judicial review of the magistrates decision.). The Court must conduct de novo review if it appears that the magistrate judge may have committed plain error. See Spence v. Superintendent, Great Meadow Corr. Facility, 219 F.3d 162, 174 (2d Cir. 2000). No such error appears here. Accordingly, the Court adopts the Report and Recommendation without de novo review and enters judgment in the above amount. Ordered by Judge Frederic Block on 4/2/2018. (Innelli, Michael)