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Padro v. Astrue

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
Mar 22, 2013
11-CV-1788 (CBA) (RLM) (E.D.N.Y. Mar. 22, 2013)

Opinion

11-CV-1788 (CBA) (RLM)

03-22-2013

LORRAINE PADRO, et al., Plaintiffs, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.


NOT FOR PUBLICATION

MEMORANDUM & ORDER

AMON, Chief United States District Judge.

Before the Court is the Report and Recommendation ("R&R") of the Honorable Roanne L. Mann, United States Magistrate Judge, dated February 7, 2013. (DE 119.) The R&R recommends that the Court deny movants' motion to intervene. The time for objecting to the R&R has passed, and no party has objected.

In reviewing an R&R, the district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1)(C). Where, as here, no party has timely objected, "a district court need only satisfy itself that there is no clear error on the face of the record" to adopt the R&R of a magistrate judge. Wilds v. United Parcel Serv., Inc., 262 F. Supp. 2d 163, 169 (S.D.N.Y. 2003) (internal quotation marks omitted). Having reviewed the record, the Court finds no clear error and adopts Magistrate Judge Mann's well-reasoned R&R as the opinion of this Court. Accordingly, the motion to intervene is denied. SO ORDERED. Dated: Brooklyn, N.Y.
March 12, 2013

The Court does not adopt the Magistrate Judge's finding on page 9 of the R&R that the Settlement Agreement incorporates robust relief and substantial protections for the plaintiffs' class. The Court's final opinion regarding the Settlement Agreement is reserved until after a fairness hearing has been held.

_________________

Carol Bagley Amon

Chief United States District Judge


Summaries of

Padro v. Astrue

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
Mar 22, 2013
11-CV-1788 (CBA) (RLM) (E.D.N.Y. Mar. 22, 2013)
Case details for

Padro v. Astrue

Case Details

Full title:LORRAINE PADRO, et al., Plaintiffs, v. MICHAEL J. ASTRUE, Commissioner of…

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

Date published: Mar 22, 2013

Citations

11-CV-1788 (CBA) (RLM) (E.D.N.Y. Mar. 22, 2013)