Brown v. Salizar

• Court: District Court, E.D. New York
• Decided: June 28, 2022
• Docket: 2:20-cv-04629
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK X In the Matter of the Complaint of

ROBERT D. BROWN, as Owner of a 2020 42’ BLUEGAME (HIN: BGM420161920) for Exoneration from or Limitation of Liability X BILLY SALAZAR and INGRID SALAZAR,

Plaintiffs, ORDER -against- 20-CV-4629 (JMA) (ARL)

PAT MALLOY WATERFRONT, LLC d/b/a MALLOY' S WATERFRONT MARINA, MALLOY ENTERPRISES, INC., COSTELLO'S MARINE CONTRACTING CORPORATION, and COSTELLO MARINE SERVICES, INC,

Defendants. -X AZRACK, UNITED STATES DISTRICT JUDGE:

On January 11, 2022, Billy Salazar and Ingrid Salazar filed a motion to amend their answer and counterclaim to allege unseaworthiness. On June 2, 2022, Magistrate Judge Arlene R. Lindsay issued a Report and Recommendation (the “R&R”) which recommends that the motion be granted. In reviewing a magistrate judge’s report and recommendation, the 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 Brown v. Ebert, No. 05–CV–5579, 2006 WL 3851152, at *2 (S.D.N.Y. Dec. 29, 2006). 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). To date, no objections have been filed to the R&R and the deadline for filing any such objections has passed. I have reviewed Judge Lindsay’s R&R for clear error, and finding none, I adopt the R&R in its entirety as the opinion of this Court. Accordingly, the motion to amend is GRANTED. SO ORDERED.

Dated: June 28, 2022 Central Islip, New York

/s/ (JMA) JOAN M. AZRACK UNITED STATES DISTRICT JUDGE