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Thomas Gesualdi, et al v. Vlf11 Management Corp

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


March 21, 2013

THOMAS GESUALDI, ET AL.,
PLAINTIFFS,
v.
VLF11 MANAGEMENT CORP., DEFENDANT.

The opinion of the court was delivered by: Ross, United States District Judge:

NOT FOR ELECTRONIC OR PRINT PUBLICATION

ORDER

The court has received the Report and Recommendation on the instant case dated February 28, 2013, from the Honorable Roanne L. Mann, United States Magistrate Judge. No objections have been filed. Accordingly, the court has reviewed the Report and Recommendation for clear error on the face of the record. See Advisory Comm. Notes to Fed. R. Civ. P. 72(b); accord Brissett v. Manhattan & Bronx Surface Transit Operating Auth., No. 09- CV-1930682 (CBA) (LB), 2011 WL 1930682, at *1 (E.D.N.Y. May 19, 2011). Having reviewed the record, I find no clear error. I hereby adopt the Report and Recommendation, in its entirety, as the opinion of the Court pursuant to 28 U.S.C. § 636(b)(1).

I therefore dismiss the Complaint with prejudice, as precluded by res judicata, and deny plaintiffs' Motion for Default Judgment as moot. The Clerk of Court shall enter judgment accordingly.

SO ORDERED.

f Allyne R. Ross United States District Judge

20130321

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