UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
January 26, 2011
CATALINA LOVOS, PLAINTIFF,
OCEAN FRESH SEA CLAM, LTD., DEFENDANT.
The opinion of the court was delivered by: East Islip, , District Judge:
MEMORANDUM & ORDER
Plaintiff Catalina Lovos brought this action against Defendant Ocean Fresh Sea Clam, Limited, under the Jones Act and general maritime law to recover for injuries he allegedly suffered while working aboard a vessel operated by Defendant. Plaintiff moved for partial summary judgment as to liability on his claim for maintenance and cure under Admiralty Law. On December 11, 2009 the Court referred Plaintiff's motion to Magistrate Judge Arlene R. Lindsay for a Report and Recommendation ("R&R"). On December 21, 2010, Judge Lindsay issued an R&R recommending that Plaintiff's motion be denied because there exists an issue of fact whether Plaintiff was injured while in the service of Defendant's vessel.
Judge Lindsay explained in her R&R that any objections were to be filed within fourteen (14) 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 Judge Lindsay's R&R in its entirety. Plaintiff's motion for partial summary judgment is therefore DENIED.
Joanna Seybert, U.S.D.J.
Central Islip, New York
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