Trustees of the United Plant and Production Workers Local 175 Benefits Fund v. Capri Landscaping Inc. et al
| Trustees of the United Plant and Production Workers Local 175 Benefits Fund |
| Capri Landscaping Inc., Salvatore Coluccio and John Doe Company |
| 2:2016cv05527 |
| October 4, 2016 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Arlene R. Lindsay |
| Arthur D. Spatt |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1132 E.R.I.S.A.-Employee Benefits |
| None |
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Filing
24
MEMORANDUM OF DECISION & ORDER adopting 23 Report and Recommendation. The Court has reviewed the R&R and finds it to be persuasive and without any legal or factual errors. There being no objections, the Court adopts the R&R in its entirety. Pursua nt to Rule 41(b), the Court dismisses this case with prejudice due to the Plaintiffs' failure to prosecute. The Clerk of the Court is respectfully directed to enter judgment and close the case. SEE ATTACHED DECISION for details. So Ordered by Judge Arthur D. Spatt on 6/4/2019. (Coleman, Laurie)
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Filing
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ADOPTION ORDER: 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. § 6 36(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. Fe b. 9, 2015) (reviewing Report and Recommendation without objections for clear error). Accordingly, the Plaintiffs 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 by Judge Arthur D. Spatt on 3/22/2018. (Coleman, Laurie)
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