Kessler v. Colvin

Kessler v. Colvin

Plaintiff:	Ross A. Kessler
Defendant:	Carolyn Colvin
Case Number:	1:2013cv01760
Filed:	March 15, 2013
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Orange
Presiding Judge:	Ronnie Abrams
Nature of Suit:	Social Security: DIWC/DIWW
Cause of Action:	42 U.S.C. § 405 Rev. of Final Dec. of Sec. of HEW re: S.S. Benefits
Jury Demanded By:	None

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Date Filed	Document Text
September 17, 2014	Filing 23 ORDER ADOPTING REPORT AND RECOMMENDATION for 17 Motion for Judgment on the Pleadings filed by Carolyn Colvin, 9 Motion for Judgment on the Pleadings filed by Ross A. Kessler, 22 Report and Recommendations. Here, although the Report provi ded that "[t]he parties shall have fourteen days from service of this Report and Recommendation to file written objections" (Report at 39), as determined by Fed. R. Civ. P. 6(a) and (d), neither party has done so. Accordingly, the Court rev iews the Report for clear error and, after careful review of the record, finds none. Judge Maas's thorough and well-reasoned Report is therefore adopted in its entirety, and Plaintiff's motion is DENIED and the Commissioner's motion is GRANTED. Finally, the Court notes that "[w]here, as here, the magistrate judge's report states that failure to object will preclude appellate review and no objection is made within the allotted time, then failure to object generally operat es as a waiver of the right to appellate review." Kashelkar v. Village of Spring Valley, 320 F. App'x 53, 54 (2d Cir. 2009) (citing DeLeon v. Strack, 234 F. 3d 84, 86 (2d Cir. 2000)). The Clerk of Court is respectfully requested to terminate the motions pending at Dkts. 9 and 17 and to close this case. SO ORDERED. (See Order.) (Signed by Judge Ronnie Abrams on 9/17/2014) (ajs)

Date Filed

Document Text

September 17, 2014

Filing 23 ORDER ADOPTING REPORT AND RECOMMENDATION for 17 Motion for Judgment on the Pleadings filed by Carolyn Colvin, 9 Motion for Judgment on the Pleadings filed by Ross A. Kessler, 22 Report and Recommendations. Here, although the Report provi ded that "[t]he parties shall have fourteen days from service of this Report and Recommendation to file written objections" (Report at 39), as determined by Fed. R. Civ. P. 6(a) and (d), neither party has done so. Accordingly, the Court rev iews the Report for clear error and, after careful review of the record, finds none. Judge Maas's thorough and well-reasoned Report is therefore adopted in its entirety, and Plaintiff's motion is DENIED and the Commissioner's motion is GRANTED. Finally, the Court notes that "[w]here, as here, the magistrate judge's report states that failure to object will preclude appellate review and no objection is made within the allotted time, then failure to object generally operat es as a waiver of the right to appellate review." Kashelkar v. Village of Spring Valley, 320 F. App'x 53, 54 (2d Cir. 2009) (citing DeLeon v. Strack, 234 F. 3d 84, 86 (2d Cir. 2000)). The Clerk of Court is respectfully requested to terminate the motions pending at Dkts. 9 and 17 and to close this case. SO ORDERED. (See Order.) (Signed by Judge Ronnie Abrams on 9/17/2014) (ajs)

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Plaintiff: Ross A. Kessler
Represented By:	Irwin Milton Portnoy
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Defendant: Carolyn Colvin
Represented By:	Susan D. Baird
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