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Lopez-Oviedo v. Marvin

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


September 14, 2009

MARIO LOPEZ-OVIEDO, PLAINTIFF,
v.
JOAN MARVIN, IRA MARVIN, ROBERT FUNK, ROBERT'S HANDYMAN SERVICE, AND ONE WORLD TECHNOLOGIES, INC., DEFENDANTS.
JOAN MARVIN AND IRA MARVIN, THIRD-PARTY PLAINTIFFS,
v.
T/A SOLANO CONSTRUCTION, THIRD-PARTY DEFENDANTS.

The opinion of the court was delivered by: Seybert, District Judge

ORDER ADOPTING REPORT AND RECOMMENDATION

Magistrate Judge Arlene R. Lindsay issued a Report and Recommendation ("R&R") on August 14, 2009. As part of the R&R, Judge Lindsay warned that any objections were to be filed with the Clerk of the Court within ten days of service of the R&R. The time for filing objections has expired, and no party has objected.

Accordingly, all objections are hereby deemed to have been waived.

Upon careful review and consideration, the Court ADOPTS the R&R in its entirety. Accordingly, the Clerk of the Court is directed to enter a judgment of default in favor of Joan Marvin and Ira Marvin (the "Marvins") against third-party defendant T/A Solano Construction ("Solano"). Upon resolution of the underlying action by Plaintiff, Mario Lopez-Oviedo, the Court will determine the damages, if any, to which the Marvins are entitled from Solano.

SO ORDERED.

Joanna Seybert, U.S.D.J.

20090914

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