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S.D.N.Y.Procedural orderFiled June 3, 2022

International Brotherhood of Teamsters Local Union 210 v. Perrigo NY, Inc.

Judge
Lorna Schofield
Docket
1:21-cv-08735
Court
U.S. District Court · Southern District of New York
Pages
2
Civil Procedure
In one sentence

In International Brotherhood of Teamsters Local Union 210 v. Perrigo NY, Inc., Judge Schofield adopted the recommendation and dismissed the petition with prejudice.

Who this affects

The dismissal ended the petition brought by International Brotherhood of Teamsters Local Union 210 against Perrigo NY, Inc., and the case was closed.

What happened

In International Brotherhood of Teamsters Local Union 210 v. Perrigo NY, Inc., the petitioner withdrew its petition, and the parties agreed that the case should be dismissed with prejudice.

Magistrate Judge Ona Wang recommended dismissal. No timely objections were filed. Judge Schofield reviewed the recommendation and found no error. She also determined that Perrigo NY, Inc.’s vague allegations of impropriety against Judge Wang did not affect the decision.

Judge Schofield adopted the recommendation in full and dismissed the petition with prejudice. She directed the Clerk of Court to close any open motions and the case.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
International Brotherhood of Teamsters Local Union 210 v. Perrigo NY, Inc. · No. 1:21-cv-08735
Judge
Lorna Schofield
Date
June 3, 2022

Background

The petitioner withdrew its petition. The parties agreed that the petition should be dismissed with prejudice. Magistrate Judge Ona Wang issued a Report and Recommendation recommending that the action be dismissed with prejudice.

Review of the Recommendation

The deadline for objections was fourteen days after service of the Report and Recommendation, but no timely objections were filed. Under the governing review standard, when no timely objection is filed, the district court checks the record for clear error before accepting the recommendation.

Respondent Perrigo NY, Inc. made vague allegations of impropriety against Judge Wang in a May 9, 2022, letter. The court found that the letter contained no related application or objection and that the allegations were not substantiated. The allegations therefore had no effect on the decision.

Ruling

Judge Schofield found no error, clear or otherwise, in Judge Wang’s Report and Recommendation. The court adopted the Report and Recommendation in its entirety and dismissed the petition with prejudice. The Clerk of Court was directed to close any open motions and the case.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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