UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
March 31, 2007
CARMELLA M. RESTIVO GUARDADO, PLAINTIFF,
PRECISION FINANCIAL, INC. AND TABITHA MAZZARA, IN HER OFFICIAL AND INDIVIDUAL CAPACITY, DEFENDANTS.
The opinion of the court was delivered by: Seybert, District Judge
ORDER ADOPTING REPORT & RECOMMENDATION
Upon review of the Report and Recommendation ("Report") of Magistrate Judge A. Kathleen Tomlinson issued March 19, 2007, to which no party has objected, the Court hereby ADOPTS the Report in its entirety.
Magistrate Judge Tomlinson's Report and Recommendation provided that any objections were to be filed with the Clerk of the Court within ten days of the date of the report. The Court notes that on March 30, 2007, both parties indicated that they would not be filing objections to the Report and Recommendation. Accordingly, all objections are hereby deemed to have been waived.
The Court ADOPTS the Report and Recommendation and ORDERS that Defendants' motion for attorney's fees is DENIED, with prejudice, and Plaintiff's fee application is DENIED, without prejudice and with the right to renew once Plaintiff has provided the appropriate information as outlined in the Report and Recommendation. Additionally, the request to tax costs is also DENIED with leave to renew.
JOANNA SEYBERT, U.S.D.J.
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