It's thus entirely uncontroversial to say that a party, acting through its lawyer, can relinquish an aspect (or, for that matter, all aspects) of its damages claim. Cf.Heckler v. Montgomery , 567 F. Supp. 2d 471, 473 (S.D.N.Y. 2008) ("Although he originally suggested that the arresting officers had used excessive force, [the plaintiff] has since waived any claim for personal injury and on that basis avoided having to disclose his medical records during discovery."). And we should honor these waiversโnot just, as we've said, because to do otherwise would be to prejudice the counter-party who, relying on the waiver, took no discovery on the stipulated questionโbut because the system , by which we mean (in the main) American justice, benefits from the respect we pay efficiency.
28 U.S.C. ยง 636(b)(1). When there are objections to the Report, the Court must make a de novo determination of those portions of the Report to which objections are made. Id.; Heckler v. Montgomery, 567 F. Supp. 2d 471, 472 (S.D.N.Y. 2008). The district judge may also receive further evidence or recommit the matter to the magistrate judge with instructions.
28 U.S.C. ยง 636(b)(1). When there are objections to the Report, the Court must make a de novo determination of those portions of the Report to which objections are made. Id.; Heckler v. Montgomery, 567 F. Supp. 2d 471, 472 (S.D.N.Y. 2008). The district judge may also receive further evidence or recommit the matter to the magistrate judge with instructions.
'"Escalera v. Lunn, 361 F.3d 737, 743 (2d Cir. 2004) (quotingWeyant v. Okst, 101 F.3d at 852).See also, e.g., Maron v. County of Albany, 166 Fed. Appx. 540, 542 (2d Cir. 2006); Tartaglione v. Pugliese, 89 Fed. Appx. 304, 305 (2d Cir. 2004); Caldarola v. Calabrese, 298 F.3d 156, 161 (2d Cir. 2002); Weyant v. Okst, 101 F.3d 845, 852 (2d Cir. 1996);Williams v. Deighan, No. 05-CV-5596, 2008 WL 4534013 at *5 (E.D.N.Y. Oct. 8, 2008); Li v. Aponte, 05 Civ. 6237, 2008 WL 4308127 at *9 (S.D.N.Y. Sept. 16, 2008); Heckler v. Montgomery, 567 F. Supp. 2d 471, 476 (S.D.N.Y. June 17, 2008).See also, e.g., Williams v. Deighan, 2008 WL 4534013 at *6;Chodkowski v. City of New York, 06 Civ. 7120, 2007 WL 2717872 at *4 (S.D.N.Y. Sept. 11, 2007); United States v. Scala, 388 F. Supp. 2d 396, 401 (S.D.N.Y. Sept. 28, 2005).