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Order | Filed: May 21, 2024 | Entered: May 21, 2024 Hicksville Water District v. Alsy Manufacturing, Inc. et al
Environmental Matters | New York Eastern
Order Dismissing Case
ORDER DISMISSING CASE: On April 25, 2024, the Defendants and Third-Party Plaintiffs Osram Sylvania Products, Inc., GTE Corporation, and GTE Operations Support Incorporated (collectively, the "GTE Sylvania Defendants") filed aRevised Proposed Order of Dismissal, DE 67, following Judge Levy's Report and Recommendation dated April 23, 2024, DE 66. Counsel for Air Techniques requested further revisions to the Proposed Order, which the GTE Sylvania Defendants incorporated into a revised Proposed Order of Dismissal. DE 68. With the consent of counsel for defendant Air Techniques, Inc., the GTE Sylvania Defendants now request entry of the revised Proposed Order of Dismissal. DE 68-1. The request is granted and the Proposed Order of Dismissal, DE 68-1, is hereby So Ordered and the Defendants and Third-Party Plaintiffs Osram Sylvania Products, Inc., GTE Corporation, and GTE Operations Support Incorporated are dismissed. The Order of Dismissal, DE 68-1, will be docketed as a separate docket entry. The Clerk of the Court is directed to close the case.Ordered by Judge Gary R. Brown on 5/21/2024. (LJ)
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Order | Filed: May 21, 2024 | Entered: May 21, 2024 Hicksville Water District v. Alsy Manufacturing, Inc. et al
Environmental Matters | New York Eastern
Order Adopting Report and Recommendations Order on Motion to Dismiss Order on Report and Recommendations
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 57 Motion to Dismiss filed by Air Techniques, Inc., 66 Report and Recommendations; granting 57 Motion to Dismiss; adopting Report and Recommendations as to 66 Report and Recommendations.
Presently before the Court is the Report and Recommendation, dated April 23, 2024, DE 66, of Magistrate Judge Robert M. Levy recommending that the Court: (1) grant Air Techniques' motion and So-Order its proposed dismissal order; and (2) direct the GTE Sylvania defendants to modify their proposed dismissal order to include the same language concerning Air Techniques' reservation of contractual indemnification rights, if any,against the GTE Sylvania defendants to align with Air Techniques proposed order.
The time to file objections has expired, and no objections have been filed. Pursuant to 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72, this Court has carefully reviewed the Report and Recommendation and finds Judge Levy's Report and Recommendation to be exceedingly thorough, well-reasoned and free from clear error. 28 U.S.C. § 636(b)(1)(B); Fed. R. Civ. P. 72(b); see Thomas v. Arn, 474 U.S. 140, 150 (1985) ("It does not appear that Congress intended to require district court to review of a magistrate's factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings."); Mario v. P & C Food Mkts., Inc., 313 F.3d 758, 766 (2d Cir. 2002) ("Where parties receive clear notice of the consequences, failure timely to object to a magistrate's report and recommendation operates as a waiver of further judicial review of the magistrate's decision."); Piroleau v. Caserta, No. 10-CV-5670 (SJF), 2012 WL 5389931, at *1 (E.D.N.Y. Oct. 29, 2012) ("To accept the report and recommendation of a magistrate judge on a dispositive matter as to which no timely objection has been made, the district judge need only be satisfied that there is no clear error on the face of the record."); see also Killoran v. Westhampton Beach School Dist., No. 18-CV-3389 (DRH), 2020 WL 1433647 (E.D.N.Y. Mar. 11, 2020) (reviewing dispositive Report and Recommendation for clear error where no objections made).
Nevertheless, although de novo review is not required, the Court has conducted a de novo review of the Report and Recommendation, and having reviewed the motion papers, the applicable law, and having conducted a careful review of the Report and Recommendation de novo, the Court has determined that Judge Levy has thoughtfully and correctly applied the law.
Accordingly, the Court adopts the Report and Recommendation, dated April 23, 2024, DE 66, of Magistrate Judge Robert M. Levy in its entirety.
Ordered by Judge Gary R. Brown on 5/21/2024. (LJ)
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Order | Filed: May 21, 2024 | Entered: May 21, 2024 Hicksville Water District v. Jerry Spiegel Associates, Inc. et al
Environmental Matters | New York Eastern
Order on Motion to Dismiss Order Dismissing Parties
ORDER: The Court grants the 413 letter motion and So Orders the 413 -1 Proposed Order of Dismissal. In light of the 413 motion, the 412 motion is terminated as moot. Ordered by Judge Pamela K. Chen on 5/21/2024. (YW)
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