Opinion
22-CV-05083 (JMA) (ARL)
09-11-2023
IKE CARTER, JR., Plaintiff, v. PAYBACK REPO, INC. and AMERICAN RECOVERY SERVICES, Defendants.
ORDER
JOAN M. AZRACK, UNITED STATES DISTRICT JUDGE
Currently before the Court is the motion of Defendants Payback Repo, Inc. and American Recovery Services to compel arbitration of Plaintiff Ike Carter, Jr.'s claims. (ECF No. 18.) In a report and recommendation (“R&R”) issued on August 25, 2023, Magistrate Judge Arlene R. Lindsay recommends that the Court deny Defendants' motion. (ECF No. 23.) Defendants subsequently filed objections to the R&R. (ECF No. 24.)
In reviewing a magistrate judge's report and recommendation, a court must “make a de novo determination of those portions of the report or . . . recommendations to which objection[s] [are] made.” 28 U.S.C. § 636(b)(1)(C); see also United States ex rel. Coyne v. Amgen, Inc., 243 F.Supp. 3d 295, 297 (E.D.N.Y 2017), aff'd, 717 Fed.Appx. 26 (2d Cir. 2017). The 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). Those portions of a report and recommendation to which there is no specific reasoned objection are reviewed for clear error. See Pall Corp. v. Entegris, Inc., 249 F.R.D. 48, 51 (E.D.N.Y. 2008).
After conducting a de novo review of the full record (including the motion papers, R&R, and objections) and applicable law, the Court agrees with Magistrate Judge Lindsay's recommendations, and therefore adopts the well-reasoned R&R in its entirety as the opinion of the Court. Accordingly, Defendants' motion to compel arbitration is DENIED. The parties are REFERRED to mediation pursuant to Local Civil Rule 83.8.
SO ORDERED.