Opinion

Brown v. Salizar

Court
District Court, E.D. New York
Filed
Jun 28, 2022
Cited by
0 cases
Authority
More cited than 26.7%

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK

X

In the Matter of the Complaint of

ROBERT D. BROWN, as Owner of a 2020 42’

BLUEGAME (HIN: BGM420161920) for Exoneration

from or Limitation of Liability

X

BILLY SALAZAR and INGRID SALAZAR,

Plaintiffs,

ORDER

-against- 20-CV-4629 (JMA) (ARL)

PAT MALLOY WATERFRONT, LLC d/b/a

MALLOY' S WATERFRONT MARINA, MALLOY

ENTERPRISES, INC., COSTELLO'S MARINE

CONTRACTING CORPORATION, and COSTELLO

MARINE SERVICES, INC,

Defendants.

-X

AZRACK, UNITED STATES DISTRICT JUDGE:

On January 11, 2022, Billy Salazar and Ingrid Salazar filed a motion to amend their answer

and counterclaim to allege unseaworthiness. On June 2, 2022, Magistrate Judge Arlene R. Lindsay

issued a Report and Recommendation (the “R&R”) which recommends that the motion be granted.

In reviewing a magistrate judge’s report and recommendation, the court must “make a de

novo determination of those portions of the report or . . . recommendations to which

objection[s][are] made.” 28 U.S.C. § 636(b)(1)(C); see also Brown v. Ebert, No. 05–CV–5579,

2006 WL 3851152, at *2 (S.D.N.Y. Dec. 29, 2006). The court “may accept, reject, or modify, in

whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. §

636(b)(1)(C). Those portions of a report and recommendation to which there is no specific

reasoned objection are reviewed for clear error. See Pall Corp. v. Entegris, Inc., 249 F.R.D. 48, 51

(E.D.N.Y. 2008).

To date, no objections have been filed to the R&R and the deadline for filing any such

objections has passed. I have reviewed Judge Lindsay’s R&R for clear error, and finding none, I

adopt the R&R in its entirety as the opinion of this Court. Accordingly, the motion to amend is

GRANTED.

SO ORDERED.

Dated: June 28, 2022

Central Islip, New York

/s/ (JMA)

JOAN M. AZRACK

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.