Hanover Insurance Group v. YRC, Inc.

E.D. New York

Hanover Insurance Group v. YRC, Inc.

District Court, E.D. New York·Decided October 16, 2023·No. 1:22-cv-07740·Unknown

Opinion

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

Free access — add to your briefcase to read the full text and ask questions with AI

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

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

Pincite

Hanover Insurance Group v. YRC, Inc. (Hanover Insurance Group v. YRC, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related