Opinion
21 Civ. 10878 (AT) (JLC)
12-13-2022
JASON GOODMAN, Plaintiff, v. CHRISTOPHER ELLIS BOUZY, BOT SENTINEL, INC., and GEORGE WEBB SWEIGERT, Defendants.
ORDER ADOPTING
REPORT AND
RECOMMENDATION
ANALISA TORRES, UNITED STATES DISTRICT JUDGE
On December 19, 2021, Plaintiff, Jason Goodman, filed his complaint. ECF No. 1. On December 30, 2021, Defendant, George Webb Sweigert (“Sweigert”), filed a motion to dismiss for lack of personal jurisdiction. ECF No. 9; see also ECF No. 20. On March 21, 2022, Goodman filed a motion for judicial notice. ECF No. 22. On April 13, 19, and 20, 2022, nonparty D. George Sweigert (“D.G”) filed motions to intervene. ECF Nos. 25-27. On June 13, 2022, Goodman filed a second motion for judicial notice. ECF No. 36. On July 5, 2022, Goodman filed a third motion for judicial notice. ECF No. 50. On July 6, 2022, D.G. filed a motion for judicial notice. ECF No. 51. On July 20, 2022, D.G. filed a second motion for judicial notice. ECF No. 53. On September 6, 2022, D.G. filed a third motion for judicial notice. ECF No. 54. On September 17, 2022, D.G. filed a fourth motion for judicial notice. ECF No. 55. On October 20, 2022, D.G. filed a “Notice to the Clerk of Rule 41(a) Withdrawal.” ECF No. 57.
On May 20, 2022, the Court referred D.G.'s motion to intervene, ECF No. 25, and Sweigert's motion to dismiss, ECF No. 20, to the Honorable James L. Cott for a Report and Recommendation (“R&R”). ECF No. 31. On July 7, 2022, the Court referred D.G.'s motion for judicial notice at ECF No. 51 to Judge Cott for an R&R. ECF No. 52. On November 9, 2022, the Court referred Goodman's and D.G.'s motions for judicial notice at ECF Nos. 36, 50, and 55 to Judge Cott for an R&R. ECF No. 58.
On November 10, 2022, after careful consideration, Judge Cott issued an R&R recommending that Sweigert's motion to dismiss be granted, that Goodman be given leave to file an amended complaint, that D.G.'s motion to intervene be denied, that D.G.'s motions for judicial notice be denied, and that Goodman's motions for judicial notice be denied. ECF No. 59 at 15. Despite notification of the right to object to the R&R, no objections were filed, and the time to do so has passed. See Fed.R.Civ.P. 72(b)(2). When no objection is made, the Court reviews the R&R for clear error. Vorcom Internet Servs., Inc. v. L&H Eng'g & Design LLC, No. 12 Civ. 2049, 2014 WL 116130, at *1 (S.D.N.Y. Jan. 13, 2014). The Court finds no clear error and ADOPTS Judge Cott's R&R in its entirety, with the exception of the recommendation to direct Goodman to move for default judgment against the other two Defendants, Christopher Bouzy and Bot Sentinel, Inc., because Goodman has already filed a motion for default judgment 1 against those Defendants, ECF No. 60, and because those Defendants have recently responded to the complaint by filing a motion to dismiss, ECF No. 78.
Accordingly, the Court GRANTS Sweigert's motion to dismiss, DENIES D.G.'s motion to intervene, and DENIES all pending motions for judicial notice. By January 3, 2023, Goodman shall file an amended complaint.
The Clerk of Court is directed to terminate the motions at ECF Nos. 36, 50-51, and 55. The Clerk of Court is also directed to terminate George Webb Sweigert as a defendant.
SO ORDERED. 2