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Labor: E.R.I.S.A. | New York Eastern
Order(Other)
ORDER: Defendant Frog Insulation Manufacturers Inc. shall produce any "additional financial documents" (including tax returns) by 10/7/2026. DE 101 at 3. Any request by Plaintiff for any additional discovery, including any purported request to "reserve all rights" for additional discovery, is DENIED. Id. at 2. The deadline for any dispositive motions in accordance with Judge Joanna Seybert's Individual Practice Rules is 10/30/2026. Any other relief requested in DE 101 is DENIED. Ordered by Magistrate Judge Lee G. Dunst on 9/4/2026. (GAW)
Order Adopting Report and Recommendations Order on Motion for Default Judgment Order on Report and Recommendations Order on Motion to Continue
ELECTRONIC ORDER ADOPTING 99 REPORT AND RECOMMENDATIONS re 88 Notice of MOTION for Default Judgment. On August 31, 2026, Magistrate Judge Dunst issued a Report and Recommendation (hereinafter, "R&R") recommending this Court deny Plaintiffs' Motion for Default Judgment. On September 1, 2026, Plaintiffs filed a Motion representing they do not oppose the R&R. (See Motion, ECF No. 100.) Plaintiffs' Motion additionally requests "that, upon adoption of the Report and Recommendation, the Court set October 9, 2026 as the date by which Plaintiffs shall file their renewed motion for default judgment against Eagle. " (Id.)
Because Plaintiffs have indicated they do not oppose the R&R, they have waived the typical fourteen-day objection period. As the R&R is unopposed, the Court has reviewed the R&R and determined it is free of clear error. See Nambiar v. Cent. Orthopedic Grp., LLP, 158 F.4th 349, 359 (2d Cir. Oct. 28, 2025) ("If a party fails to properly object to the R&R, the district judge reviews the R&R only for clear error.") Accordingly, the R&R is ADOPTED in full. Additionally, Plaintiffs' Motion is GRANTED to the extent any renewed Motion for Default Judgment shall be filed on or before October 9, 2026. So Ordered by Judge Joanna Seybert on 9/3/2026. (CG)
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