Capak v. Epps
- Katharine Parker
- 1:18-cv-04325
- U.S. District Court · Southern District of New York
- 2
In Capak v. Epps, Judge Abrams adopted Judge Parker’s recommendation and denied Capak’s motion to add Street Execs Management as a defendant.
Richard J. Capak’s request to add Street Execs Management as a defendant was denied; the opinion does not state any further effect on the other claims or parties.
What happened
In Capak v. Epps, Richard J. Capak sued Tauheed Epps and Rory Dorall Smith over claims including assault, battery, negligence, and negligent hiring and retention. The defendants later moved the case from New York state court to federal court.
Capak asked to change his complaint to add Street Execs Management as a defendant. Magistrate Judge Katharine Parker recommended denying that request, and neither side objected.
District Judge Ronnie Abrams reviewed the recommendation for clear error, found none, adopted it in full, and denied Capak’s motion to add Street Execs Management. The clerk was directed to close the pending motion.
The detailed version
- Capak v. Epps · No. 1:18-cv-04325
- Katharine Parker
- May 19, 2020
Background
Richard J. Capak filed the action in New York Supreme Court against Tauheed Epps, also known as 2 Chainz, and Rory Dorall Smith. He asserted claims for assault, battery, negligence, and negligent hiring and retention. The defendants removed the case to the U.S. District Court for the Southern District of New York.
The case was referred to Magistrate Judge Katharine Parker for general pretrial management. At a December 18, 2019 conference, Capak stated that he intended to seek permission to add “Street Execs Management” as a defendant. Judge Parker directed him to submit a proposed amended pleading with his motion. Capak filed the motion on January 10, 2020, and Epps opposed it. Capak did not file a reply.
Report and recommendation
On April 7, 2020, Judge Parker issued a report and recommendation advising that Capak’s motion to amend the complaint be denied. Neither party filed objections. Because there were no objections, Judge Abrams reviewed the report for clear error on the face of the record.
Ruling
Judge Abrams found no clear error and adopted Judge Parker’s report and recommendation in its entirety. The court therefore denied Capak’s motion to amend the complaint to add Street Execs Management as a defendant. The clerk was directed to terminate the motion listed at Docket 61.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.