Gesualdi et al v. Sweet Hollow Management Corp.
| Louis Bisignano, Michael C. Bourgal, Thomas F. Corbett, Anthony D'Aquila, Joseph A. Ferrara, Sr., Frank H. Finkel, Thomas Gesualdi, Marc Herbst, Michael O'Toole and Denise Richardson |
| Sweet Hollow Management Corp. |
| 2:2015cv05143 |
| September 3, 2015 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Denis R. Hurley |
| Anne Y. Shields |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1104 Recovery of Benefits to Employee |
| None |
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Filing
82
ORDER: On February 20, 2024, Plaintiffs moved to for summary judgment under Federal Rule of Civil Procedure 56(c). (See ECF 78 ("Pl. Mot.").) On April 16, 2024, this Court referred Plaintiffs' motion for summary judgment to Magistr ate Judge Anne Y. Shields for a Report and Recommendation ("R&R"). (See Elec. Order dated Apr. 16, 2024.) Before the Court today is a R&R from Judge Shields (ECF No. 81 ), which recommends that Plaintiffs' motion for summary judgment be denied. The Court has carefully reviewed the record and the unopposed R&R for clear error and, finding none, hereby adopts Judge Shields's R&R in its entirety as the opinion of the Court. Accordingly, Plaintiffs' motion for summary jud gment (ECF No. 78 ) is DENIED. The Clerk of Court is respectfully requested to close ECF Nos. 78 and 81 . The parties are directed to appear before the undersigned for an in-person settlement conference on September 10, 2024, at 12:00 P.M. in R oom 920 of the Long Island Courthouse. Parties are to submit their respective settlement positions via ex parte electronic filing no later than September 6, 2024. A motion to file ex parte is not required. So Ordered by Judge Joan M. Azrack on 8/30/2024. (LC)
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