Thompson et al v. Park, No. 1:2018cv00006 - Document 15 (E.D.N.Y. 2019)
Court Description: MEMORANDUM DECISION AND ORDER. I adopt the R&R in its entirety. The plaintiffs' motion is denied without prejudice and the plaintiffs are granted leave to file an amended complaint within 30 days of this Order. Ordered by Judge Ann M. Donnelly on 3/20/2019. (Greene, Donna)
Download PDF
<![CDATA[
Thompson et al v. Park Doc. 15 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK E.D.N.Y. THOMPSON,etal. brooklyn office Plaintiffs, - against- MEMORANDUM DECISION AND ORDER 1:18-CV-00006(AMD)(ST) PARK, Defendant. -X ANN M.DONNELLY,United States District Judge: On January 2, 2018, the plaintiffs commenced this civil action alleging violations ofthe Fair Labor Standards Act, 29 U.S.C. §§ 201 el seq., and the New York Labor Law. (ECF No. 1.) The plaintiffs served the defendant with the complaint on January 25,2018. (ECF No.6.) The defendant did not appear in the action or answer the complaint. The plaintiffs obtained a certificate of default from the Clerk of Court on March 20, 2018. (ECF No. 9.) On May 8,2018, the plaintiffs moved for default judgment. (ECFNos. 11-13.) I referred the motion to Magistrate Judge Steven Tiscione for a Report and Recommendation ("R&R"). On March 5,2019,Judge Tiscione issued a thorough and well-reasoned R&R, recommending that 1 deny the plaintiffs' motion without prejudice and grant the plaintiffs leave to amend their complaint. (ECF No. 14.) No objections have been filed to the R&R,and the time for doing so has passed. A district 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). To accept those portions ofthe R&R to which no timely objection has been made,"a district court need only 1 Dockets.Justia.com satisfy itself that there is no clear error on the face of the record." Jarvis v. N. Am. Globex Fund L.P., 823 F.Supp.2d 161, 163(E.D.N.Y. 2011)(internal quotation marks omitted). I have carefully reviewed Judge Tiscione's thoughtful and cogent R&R,and find no error. Accordingly, I adopt the R&R in its entirety. The plaintiffs' motion is denied without prejudice and the plaintiffs are granted leave to file an amended complaint within 30 days of this Order. SO ORDERED. s/Ann M. Donnelly m M. Donnelly ^ Jnited States District Judge Dated: Brooklyn, New York March 20,2019
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
