Case Activity (352)

1. Order | Filed: February 17, 2022 | Entered: February 17, 2022 Lim Tung v. Deutsche Bank Trust Company et al

   Civil Rights: Other | New York Eastern

   Judgment - Clerk

   CLERK'S JUDGMENT that Okin's motion to dismiss at DE# 44 is granted; that the claims against Okin are dismissed with prejudice; that the motions to dismiss at DE# 30, 34, 35, 36, 40, and 53 are granted on the basis that plaintiff has failed to properly serve those moving defendants; and that the claims against all defendants other than Okin are dismissed without prejudice for failure to serve process. So Ordered by Jalitza Poveda, Deputy Clerk on behalf of Brenna B. Mahoney, Clerk of Court on 2/17/2022. (Copy of Judgment and appeals packet mailed to Pro Se). (Herrera, Isaiah)

2. Order | Filed: February 15, 2022 | Entered: February 15, 2022 Lim Tung v. Deutsche Bank Trust Company et al

   Civil Rights: Other | New York Eastern

   Order Adopting Report and Recommendations Order on Motion to Dismiss for Failure to State a Claim Order on Motion to Dismiss/Lack of Jurisdiction Order on Report and Recommendations

   ORDER ADOPTING REPORT AND RECOMMENDATION: On January 11, 2022, Magistrate Judge Bulsara issued a report and recommendation ("R. & R.") recommending that I grant defendant Okin's motion to dismiss on immunity grounds and dismiss claims against the other defendants for failure to serve adequate process in a timely fashion. See R. & R. at 2 (Dkt. #54). No party objected to the R. & R. within the time required by 28 U.S.C. § 636(b)(1). 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). When no party has objected to a magistrate judge's recommendation, the recommendation is reviewed, at most, for "clear error." See Fed. R. Civ. P. 72(b), Advisory Committees Notes (1983); see, e.g., Alvarez Sosa v. Barr, 369 F. Supp. 3d 492, 497 (E.D.N.Y. 2019). Clear error will be found only when, upon review of the entire record, the Court is left with "the definite and firm conviction that a mistake has been committed." United States v. Snow, 462 F.3d 55, 72 (2d Cir. 2006). I have reviewed Judge Bulsara's R. & R. and, having found no clear error, adopt it in full. Accordingly, Okin's motion to dismiss at 44 is granted and the claims against Okin are dismissed with prejudice. The motions to dismiss at 30 , 34 , 35 , 36 , 40 , and 53 are granted on the basis that plaintiff has failed to properly serve those moving defendants. The claims against all defendants other than Okin are dismissed without prejudice for failure to serve process. Since all defendants have been dismissed, the Clerk of Court is respectfully directed to close the case. Ordered by Judge Rachel P. Kovner on 2/15/2022. (JB)

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