Marvici v. Roche Facilities Maintenance LLC

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CHIALA MARVICL et al., Plaintiffs, -against- 21-cv-4259 ROCHE FACILITIES MAINTENANCE LLC, ORDER et al., Defendants.

ARUN SUBRAMANIAN, United States District Judge: On May 6, 2022, the Court granted a default judgment to Plaintiffs on the issue of liability against Defendants Roche Facilities Maintenance LLC and Stephen Roche, and referred this case to Magistrate Judge James L. Cott for an inquest on the issue of damages. See Docket Nos. 61, 62. Ina Report and Recommendation filed on September 8, 2023, Magistrate Judge Cott recommended Plaintiffs be awarded damages, interest, fees, and costs. See Docket No. 92. Under Title 28, United States Code, Section 636(b)(1)(C) and Rule 72(b)(2) of the Federal Rules of Civil Procedure, a party may file “specific written objections” to a Magistrate Judge’s Report and Recommendations “[w]ithin fourteen days after being served with a copy of the recommended disposition.” Fed. R. Civ. P. 72(b)(2); see 28 U.S.C. § 636(b)(1)(C). Ifa party does not file such written objections within the specified time, however, that party “waives any further judicial review of the report,” both by the District Court and on appeal. Frank v. Johnson, 968 F.2d 298, 300 (2d Cir. 1992); see Docket No. 92, at 35. It is therefore ORDERED that within two business days of the date of this Order, Plaintiff shall serve a copy of the Report and Recommendation on Defendant, together with a copy of this Order, and file proof of such service on the docket. If Plaintiffs believe such service has already been made, they shall file proof of such service on the docket by the same date. SO ORDERED. Dated: September 26, 2023 New York, New York

ARUN A — United States District Judge