In the Matter of the Complaint of Robert Scarth

E.D. New York

In the Matter of the Complaint of Robert Scarth

DecidedJanuary 13, 2025

Docket2:24-cv-00872

StatusUnknown

This text of In the Matter of the Complaint of Robert Scarth (In the Matter of the Complaint of Robert Scarth) 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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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

In the Matter of the Complaint, 24-CV-872 (ARR) (SIL) -against- NOT FOR ELECTRONIC ROBERT SCARTH, as Owner of a 2003 Sea Ray 260 OR PRINT PUBLICATION Sundancer Vessel (HIN: SERR4429F203) for Exoneration from or Limitation of Liability, OPINION & ORDER

ROSS, United States District Judge:

This Court has received the Report and Recommendation on the instant case dated November 7, 2024, from the Honorable Steven I. Locke, United States Magistrate Judge. The petitioner served a copy of the Report and Recommendation on Ms. Scarth and Mr. Branigan December 9, 2024, ECF No. 14, and no objections have been filed. The Court reviews “de novo any part of the magistrate judge’s disposition that has been properly objected to.” Fed. R. Civ. P. 72(b); see also Brissett v. Manhattan & Bronx Surface Transit Operating Auth., No. 09-CV-874 (CBA)(LB), 2011 WL 1930682, at *1 (E.D.N.Y. May 19, 2011), aff’d, 472 F. App’x 73 (2d Cir. 2012) (summary order). Where no timely objections have been filed, “the district court need only satisfy itself that there is no clear error on the face of the record.” Finley v. Trans Union, Experian, Equifax, No. 17-CV-0371 (LDH)(LB), 2017 WL 4838764, at *1 (E.D.N.Y. Oct. 24, 2017) (quoting Estate of Ellington ex rel. Ellington v. Harbrew Imports Ltd., 812 F. Supp. 2d 186, 189 (E.D.N.Y. 2011)). Having reviewed the record, I find no clear error. I therefore adopt the Report and Recommendation, in its entirety, as the opinion of the Court pursuant to 28 U.S.C. § 636(b)(1). Accordingly, Mr. Scarth’s motion for default judgment, ECF No. 11, is granted. Any and all potential claims for losses, damages, injuries, or destruction relating to or arising out of the August 5, 2023 accident of the Vessel identified in the caption are barred.

SO ORDERED.

/s/ Allyne R. Ross United States District Judge

Dated: January 13, 2025 Brooklyn, New York

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

In the Matter of the Complaint, 24-CV-872 (ARR) (SIL) -against- NOT FOR ELECTRONIC ROBERT SCARTH, as Owner of a 2003 Sea Ray 260 OR PRINT PUBLICATION Sundancer Vessel (HIN: SERR4429F203) for Exoneration from or Limitation of Liability, OPINION & ORDER

ROSS, United States District Judge:

This Court has received the Report and Recommendation on the instant case dated November 7, 2024, from the Honorable Steven I. Locke, United States Magistrate Judge. The petitioner served a copy of the Report and Recommendation on Ms. Scarth and Mr. Branigan December 9, 2024, ECF No. 14, and no objections have been filed. The Court reviews “de novo any part of the magistrate judge’s disposition that has been properly objected to.” Fed. R. Civ. P. 72(b); see also Brissett v. Manhattan & Bronx Surface Transit Operating Auth., No. 09-CV-874 (CBA)(LB), 2011 WL 1930682, at *1 (E.D.N.Y. May 19, 2011), aff’d, 472 F. App’x 73 (2d Cir. 2012) (summary order). Where no timely objections have been filed, “the district court need only satisfy itself that there is no clear error on the face of the record.” Finley v. Trans Union, Experian, Equifax, No. 17-CV-0371 (LDH)(LB), 2017 WL 4838764, at *1 (E.D.N.Y. Oct. 24, 2017) (quoting Estate of Ellington ex rel. Ellington v. Harbrew Imports Ltd., 812 F. Supp. 2d 186, 189 (E.D.N.Y. 2011)). Having reviewed the record, I find no clear error. I therefore adopt the Report and Recommendation, in its entirety, as the opinion of the Court pursuant to 28 U.S.C. § 636(b)(1). Accordingly, Mr. Scarth’s motion for default judgment, ECF No. 11, is granted. Any and all potential claims for losses, damages, injuries, or destruction relating to or arising out of the August 5, 2023 accident of the Vessel identified in the caption are barred.

SO ORDERED.

/s/ Allyne R. Ross United States District Judge

Dated: January 13, 2025 Brooklyn, New York

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