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E.C. Contracting, Inc. v. D.F. Pray, Inc.

United States District Court, E.D. New York
Mar 24, 2022
1:19-cv-06813-FB-VMS (E.D.N.Y. Mar. 24, 2022)

Opinion

1:19-cv-06813-FB-VMS

03-24-2022

E.C. CONTRACTING, INC., Plaintiff, v. D.F. PRAY, INC., FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and ZURICH AMERICAN INSURANCE COMPANY, Defendants.


MEMORANDUM AND ORDER

Frederic Block Senior United States District Judge

On January 12, 2022, Magistrate Judge Vera M. Scanlon issued a Report and Recommendation (“R&R”) recommending that defendant D.F. Pray's motion for leave to file a third-party complaint against Maple Drake Austell Owner, LLC be denied. Magistrate Judge Scanlon's R&R stated that failure to object within fourteen days of the date of the R&R waives the right to appeal. No. objections were filed.

If clear notice has been given of the consequences of failing to object and there are no objections, the Court may adopt the R&R without de novo review. See Smith v. Campbell, 782 F.3d 93, 102 (2d Cir. 2015) (“Where parties receive clear notice of the consequences, failure to timely object to a magistrate's report and recommendation operates as a waiver of further judicial review of the magistrate's decision.”) (internal citations omitted). The Court will excuse the failure to object and conduct de novo review if it appears that the magistrate judge may have committed plain error. See Spence v. Superintendent, Great Meadow Corr. Facility, 219 F.3d 162, 174 (2d Cir. 2000). No. such error appears here.

Accordingly, the Court adopts the R&R without de novo review.

SO ORDERED.


Summaries of

E.C. Contracting, Inc. v. D.F. Pray, Inc.

United States District Court, E.D. New York
Mar 24, 2022
1:19-cv-06813-FB-VMS (E.D.N.Y. Mar. 24, 2022)
Case details for

E.C. Contracting, Inc. v. D.F. Pray, Inc.

Case Details

Full title:E.C. CONTRACTING, INC., Plaintiff, v. D.F. PRAY, INC., FIDELITY AND…

Court:United States District Court, E.D. New York

Date published: Mar 24, 2022

Citations

1:19-cv-06813-FB-VMS (E.D.N.Y. Mar. 24, 2022)