Jiminez
v.
Barclays Bank Del.

This case is not covered by Casetext's citator
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORKSep 10, 2018
17 CV 7494 (SJ) (SMG) (E.D.N.Y. Sep. 10, 2018)

17 CV 7494 (SJ) (SMG)

09-10-2018

YASMITH JIMINEZ, Plaintiff, v. BARCLAYS BANK DELAWARE, et al., Defendants.

APPEARANCES EDWARD B. GELLER, PC 15 Landing Way Bronx, NY 10464 By: Edward B. Geller Attorneys for Plaintiff REED SMITH LLP 599 Lexington Avenue New York, NY 10022 By: Nana Boyer Attorneys for Barclays Bank Delaware


ORDER ADOPTING REPORT AND RECOMMENDATION

APPEARANCES EDWARD B. GELLER, PC
15 Landing Way
Bronx, NY 10464
By: Edward B. Geller
Attorneys for Plaintiff
REED SMITH LLP
599 Lexington Avenue
New York, NY 10022
By: Nana Boyer
Attorneys for Barclays Bank Delaware
JOHNSON, Senior District Judge :

Presently before the Court is a Report and Recommendation ("Report") prepared by Magistrate Judge Steven M. Gold. Judge Gold issued the Report on August 1, 2018, and provided the parties with the requisite amount of time to file any objections. Neither party filed any objections to the Report. For the reasons stated herein, this Court affirms and adopts the Report in its entirety.

A district court judge may designate a magistrate judge to hear and determine certain motions pending before the Court and to submit to the Court proposed findings of fact and a recommendation as to the disposition of the motion. See 28 U.S.C. § 636(b)(1). Within 10 days of service of the recommendation, any party may file written objections to the magistrate's report. See id. Upon de novo review of those portions of the record to which objections were made, the district court judge may affirm or reject the recommendations. See id. The Court is not required to review, under a de novo or any other standard, the factual or legal conclusions of the magistrate judge as to those portions of the report and recommendation to which no objections are addressed. See Thomas v. Arn, 474 U.S. 140, 150 (1985). In addition, failure to file timely objections may waive the right to appeal this Court's Order. See 28 U.S.C. § 636(b)(1); Small v. Sec'y of Health and Human Servs., 892 F.2d 15, 16 (2d Cir. 1989).

In this case, objections to Magistrate Judge Gold's recommendations were due on August 15, 2018. No objections to the Report were filed with this Court. Upon review of the recommendations, this Court adopts and affirms Magistrate Judge Gold's Report in its entirety. The Clerk of the Court is directed to dismiss defendant Barclays Bank of Delaware only, and Plaintiff is granted leave to amend the complaint pursuant only to § 1681s-2(b) of the FCRA. SO ORDERED. Dated: September 10, 2018


Brooklyn, NY

/s/_________


Sterling Johnson, Jr., U.S.D.J.