Opinion

Cross v. Connolly

Court
District Court, W.D. New York
Filed
Dec 28, 2021
Cited by
0 cases
Authority
More cited than 27.9%

The opinion

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF NEW YORK

TODD CROSS,

Plaintiff,

v. 17-CV-906-LJV-HKS

DECISION & ORDER

TIMOTHY CONNOLLY, et al.,

Defendants.

On September 13, 2017, the plaintiff, Todd Cross,1 commenced this action under

the Driver’s Privacy Protection Act, 18 U.S.C. §§ 2721, 2724. Docket Item 1. A short

time later, he amended his complaint. Docket Item 11. On December 5, 2017, this

Court referred this case to United States Magistrate Judge H. Kenneth Schroeder, Jr.,

for all proceedings under 28 U.S.C. § 636(b)(1)(A) and (B). Docket Item 17.

On January 8, 2021, the only remaining defendant,2 Kristin A. Cross, moved for

summary judgment. Docket Item 77. Despite two extensions of time to respond to

1 To distinguish between the plaintiff, Todd Cross, and the defendant, Kristin A.

Cross, this decision will refer to them by their first names.

2 In addition to Kristin, Todd also sued Timothy Connolly, the Town of

Tonawanda, and the Erie County Board of Cooperative Educational Services. Docket

Item 11. These defendants filed cross-claims against each other and Kristin for

indemnification or contribution in the event that they were found liable to Todd. Docket

Items 38, 43. On August 25, 2020, the parties stipulated to the discontinuance of all

claims and cross-claims made by or against the Erie County Board of Cooperative

Education Services. Docket Items 65, 66. On January 7, 2021, Todd stipulated to the

dismissal of Connolly and the Town of Tonawanda. Docket Items 76, 82. Therefore

only the claims against Kristin remain.

Kristin’s motion, Docket Items 80 and 84, and despite having been given notice of his

obligation to oppose summary judgment, Docket Item 77-1, Todd did not respond.

On November 15, 2021, Judge Schroeder issued a Report and Recommendation

(“R&R”) finding that Kristin’s motion should be granted, and the Clerk of the Court

mailed a copy of the R&R to Todd. Docket Items 85, 86. The parties did not object to

the R&R, and the time to do so now has expired. See 28 U.S.C. § 636(b)(1); Fed. R.

Civ. P. 72(b)(2).

A district court may accept, reject, or modify the findings or recommendations of

a magistrate judge. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3). The court must

review de novo those portions of a magistrate judge’s recommendation to which a party

objects. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3). But neither 28 U.S.C. § 636

nor Federal Rule of Civil Procedure 72 requires a district court to review the

recommendation of a magistrate judge to which no objections are raised. See Thomas

v. Arn, 474 U.S. 140, 149-50 (1985).

Although not required to do so in light of the above, this Court nevertheless has

carefully reviewed Judge Schroeder's R&R. Based on that review and the absence of

any objections, the Court accepts and adopts Judge Schroeder's recommendation to

grant Kristin’s motion.

For the reasons stated above and in the R&R, Kristin’s motion for summary

judgment, Docket Item 77, is GRANTED; all claims are dismissed; and the Clerk of the

Court shall close the file. The Clerk of the Court shall send Todd a copy of this decision

and order.

SO ORDERED.

Dated: December 28, 2021

Buffalo, New York

/s/ Lawrence J. Vilardo

LAWRENCE J. VILARDO

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.