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Bank, v. Caribbean Cruise Line, Inc.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
Aug 15, 2013
11-CV-2744 (MKB) (E.D.N.Y. Aug. 15, 2013)

Opinion

11-CV-2744 (MKB)

08-15-2013

TODD C. BANK, individually and on behalf of all others similarly situated, Plaintiff, v. CARIBBEAN CRUISE LINE, INC., Defendant.


MEMORANDUM & ORDER

MARGO K. BRODIE, United States District Judge:

Plaintiff filed a Complaint on June 6, 2011, against Defendant Caribbean Cruise Line, Inc., asserting claims under the Florida Electronic Mail Communications Act, Fla. Stat. §§ 668.601-668/610. On September 24, 2012, Plaintiff filed a motion for class certification. By Report and Recommendation ("R&R") dated July 24, 2013, Magistrate Judge Vicktor Pohorelsky recommended that the Court deny Plaintiff's motion for class certification. (Docket Entry No. 76.) No objections were filed.

A district court reviewing a magistrate judge's recommended ruling "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). "Failure to object to a magistrate judge's report and recommendation within the prescribed time limit 'may operate as a waiver of any further judicial review of the decision, as long as the parties receive clear notice of the consequences of their failure to object.'" Sepe v. New York State Ins. Fund, 466 F. App'x 49, 50 (2d Cir. 2012) (quoting United States v. Male Juvenile, 121 F.3d 34, 38 (2d Cir. 1997)); see also Wagner & Wagner, LLP v. Atkinson, Haskins, Nellis, Brittingham, Gladd & Carwile, P.C., 596 F.3d 84, 92 (2d Cir. 2010) ("[A] party waives appellate review of a decision in a magistrate judge's Report and Recommendation if the party fails to file timely objections designating the particular issue.").

This Court has reviewed the R&R, and, finding no clear error, the Court adopts Judge Pohorelsky's R&R in its entirety pursuant to 28 U.S.C. § 636(b)(1). Plaintiff's motion for class certification is denied.

SO ORDERED:

____________

MARGO K. BRODIE

United States District Judge
Dated: August 15, 2013

Brooklyn, New York


Summaries of

Bank, v. Caribbean Cruise Line, Inc.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
Aug 15, 2013
11-CV-2744 (MKB) (E.D.N.Y. Aug. 15, 2013)
Case details for

Bank, v. Caribbean Cruise Line, Inc.

Case Details

Full title:TODD C. BANK, individually and on behalf of all others similarly situated…

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

Date published: Aug 15, 2013

Citations

11-CV-2744 (MKB) (E.D.N.Y. Aug. 15, 2013)