UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
April 17, 2013
UNITED STATES, PLAINTIFF,
GLORIA LEAP, LAWRENCE EUGENE LATERZA, AND
NASSAU COUNTY DEPARTMENT OF SOCIAL SERVICES, DEFENDANTS.
The opinion of the court was delivered by: Hurley, Senior District Judge:
On January 7, 2013, plaintiff moved pursuant to Federal Rule of Civil Procedure 55(b) for a default judgment against defendants Gloria Leap, Lawrence Eugene LaTerza, and Nassau County Department of Social Services. (See Docket No. 17.) On January 22, 2013, this matter was referred to United States Magistrate Judge William D. Wall to issue a report and recommendation as to whether plaintiff had demonstrated that the allegations in the Complaint establish the defendants' liability such that the motion for default judgment should be granted, and if so, to determine the appropriate amount of damages, costs, and or/fees, if any, to be awarded. On March 6, 2013, Judge Wall issued a Report and Recommendation which recommended that "the motion be denied at this time without prejudice and that the plaintiff be given an opportunity to file and serve a Second Amended Complaint that will include sufficient allegations in support of the relief sought." (Docket No. 19 at 1.) More than fourteen days have elapsed since service of the Report and Recommendation and no party has filed an objection.
Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72,
this Court has reviewed the Report and Recommendation for clear error,
and finding none, now concurs in both its reasoning and its result. As
such, the Court adopts Judge Wall's March 6, 2013 Report and
Recommendation as if set forth herein. Accordingly, plaintiff's motion
for a default judgment is denied without prejudice and plaintiff is
granted leave to file and serve a Second Amended Complaint.*fn1
The Second Amended Complaint must be filed no later than
April 30, 2013. Should plaintiff not file an amended pleading by this
deadline, the action will be marked closed. Plaintiff's counsel is
directed to serve a copy of this Order on the remaining defendants and
to file proof of service on ECF.
Denis R. Hurley Unites States District Judge