From Casetext: Smarter Legal Research

Wyly v. Computer Associates International, Inc.

United States Court of Appeals, Second Circuit
Jul 19, 2010
384 F. App'x 46 (2d Cir. 2010)

Opinion

No. 09-4477-cv.

July 19, 2010.

Appeal from a judgment of the United States District Court for the Eastern District of New York (Piatt, J.).

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the district court be AFFIRMED. We assume the parties' familiarity with the underlying facts, the procedural history, and the issues presented for review.

Robert Gifford (Luke A. McGrath, William A. Brewer III on the brief), Bickel Brewer, New York, NY, for Appellants.

Robert J. Giuffra, Jr. (Tracy Richelle High, William B. Monahan, Thomas W. Walsh on the brief), Sullivan Cromwell LLP, New York, NY, for Appellees.

PRESENT: DENNIS JACOBS, Chief Judge, DENNY CHIN, Circuit Judge.

The Honorable Richard C. Wesley, originally a member of the panel, did not participate in consideration of this appeal. The two remaining members of the panel, who are in agreement, have determined the matter. See 28 U.S.C. § 46(d); 2d Cir. I.O.P. E; United States v. Desimane, 140 F.3d 457 (2d Cir. 1998).


SUMMARY ORDER

For substantially the reasons adopted by the district court, we reject appellants' claims for legal fees, fraudulent inducement, and declaratory relief. See Wyly v. CA, Inc., No. 05-CV-4430, 2009 WL 3128034, 2009 U.S. Dist. LEXIS 90064 (E.D.N.Y. Sept. 29, 2009) (citing the Report and Recommendation of Magistrate Judge Boyle, see Wyly v. CA, Inc., No. 05-CV-1430, 2009 U.S. Dist. LEXIS 90037 (E.D.N.Y. Sept. 2, 2009)).

Appellants note that the district court signed an order adopting the Report and Recommendation of the magistrate judge on the same day that appellants filed their timely objections to it, and argue therefore that the district court could not have conducted a proper de novo review. See Fed.R.Civ.P. 72(b). The inference is debatable. Moreover, we note that the district court filed the order granting appellee's motion for summary judgment eleven days after the objections were filed. This period was more than sufficient for de novo review.

Finding no merit in appellants' remaining arguments, we hereby AFFIRM the judgment of the district court.


Summaries of

Wyly v. Computer Associates International, Inc.

United States Court of Appeals, Second Circuit
Jul 19, 2010
384 F. App'x 46 (2d Cir. 2010)
Case details for

Wyly v. Computer Associates International, Inc.

Case Details

Full title:Sam WYLY, Ranger Governance, Ltd., Plaintiffs-Appellants, v. COMPUTER…

Court:United States Court of Appeals, Second Circuit

Date published: Jul 19, 2010

Citations

384 F. App'x 46 (2d Cir. 2010)

Citing Cases

Bain v. Gary, Williams, Parenti, Watson & Gary, P.L.

When the party claiming to have been defrauded is "a sophisticated business [person]" courts should look with…