Hanover Insurance Group v. YRC, Inc.

E.D. New York

Hanover Insurance Group v. YRC, Inc.

DecidedOctober 16, 2023

Docket1:22-cv-07740

StatusUnknown

This text of Hanover Insurance Group v. YRC, Inc. (Hanover Insurance Group v. YRC, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Hanover Insurance Group v. YRC, Inc., (E.D.N.Y. 2023).

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK HANOVER INSURANCE GROUP, MEMORANDUM & ORDER Plaintiff, 22-CV-7740 (NGG) (TAM) -against- YRG, INC. d/b/a YRC FREIGHT d/b/a YELLOW CORPORATION, Defendant.

NICHOLAS G. GARAUFIS, United States District Judge. Pending before the court is Plaintiffs claim under the Carmack Amendment, 49 U.S.C. 814706. (Compl. (Dkt. 1).) Plaintiff failed to properly serve Defendant as required by Fed. R. Civ. P. 4(m). Magistrate Judge Taryn A. Merkl issued a sua sponte Report and Recommendation (“R&R”) recommending dismissal of Plaintiffs action for failure to serve process. (See generally R&R (Dkt. 6)) No party has objected to Magistrate Judge Merkl’s R&R, and the time to do so has passed. See Fed. R, Civ. P. 72(b)(2). Therefore, the court reviews the R&R for clear error. See Velasquez v. Metro _ Fuel Oil Corp., 12 F. Supp. 3d 387, 397 (E.D.N.Y. 2014). Having found none, the court ADOPTS the R&R in full and, for the rea- sons stated in the R&R, ORDERS the cases be dismissed without prejudice pursuant to Rule 4(m). The Clerk of Court is respect- fully directed to close this case.

SO ORDERED.

Dated: Brooklyn, New York October 16, 2023 s/Nicholas G. Garaufis NICHOLAS G. GARAUFI§ United States District Judge

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK HANOVER INSURANCE GROUP, MEMORANDUM & ORDER Plaintiff, 22-CV-7740 (NGG) (TAM) -against- YRG, INC. d/b/a YRC FREIGHT d/b/a YELLOW CORPORATION, Defendant.

NICHOLAS G. GARAUFIS, United States District Judge. Pending before the court is Plaintiffs claim under the Carmack Amendment, 49 U.S.C. 814706. (Compl. (Dkt. 1).) Plaintiff failed to properly serve Defendant as required by Fed. R. Civ. P. 4(m). Magistrate Judge Taryn A. Merkl issued a sua sponte Report and Recommendation (“R&R”) recommending dismissal of Plaintiffs action for failure to serve process. (See generally R&R (Dkt. 6)) No party has objected to Magistrate Judge Merkl’s R&R, and the time to do so has passed. See Fed. R, Civ. P. 72(b)(2). Therefore, the court reviews the R&R for clear error. See Velasquez v. Metro _ Fuel Oil Corp., 12 F. Supp. 3d 387, 397 (E.D.N.Y. 2014). Having found none, the court ADOPTS the R&R in full and, for the rea- sons stated in the R&R, ORDERS the cases be dismissed without prejudice pursuant to Rule 4(m). The Clerk of Court is respect- fully directed to close this case.

SO ORDERED.

Dated: Brooklyn, New York October 16, 2023 s/Nicholas G. Garaufis NICHOLAS G. GARAUFI§ United States District Judge

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