Garvey v. Face of Beauty, LLC
- Andrew Carter
- 1:21-cv-10729
- U.S. District Court · Southern District of New York
- 1
In Garvey v. Face of Beauty, LLC, Judge Carter adopted a recommendation dismissing Face of Beauty’s counterclaims without prejudice.
Face of Beauty, LLC’s counterclaims were dismissed without prejudice; the order also resolved Deanna Garvey’s renewed motion to dismiss those counterclaims.
What happened
In Garvey v. Face of Beauty, LLC, Deanna Garvey asked the court to dismiss counterclaims brought by Face of Beauty, LLC. Face of Beauty later amended its counterclaim, and Garvey renewed her request.
A magistrate judge recommended dismissing Face of Beauty’s counterclaims without prejudice, meaning they were dismissed but could potentially be brought again. Neither side filed an objection to that recommendation.
Judge Andrew L. Carter, Jr. found no clear error, adopted the recommendation in full, and directed the clerk to close the filing associated with Garvey’s renewed motion. The counterclaims were dismissed without prejudice.
The detailed version
- Garvey v. Face of Beauty, LLC · No. 1:21-cv-10729
- Andrew Carter
- Oct. 6, 2022
Background
Deanna Garvey moved to dismiss counterclaims asserted by Face of Beauty, LLC. The matter was referred to United States Magistrate Judge Robert Lehrburger. After Face of Beauty amended its counterclaim, Garvey renewed her motion to dismiss.
Report and Recommendation
Judge Lehrburger issued a report and recommendation advising that Face of Beauty’s counterclaims be dismissed without prejudice. The opinion does not describe the specific grounds for the recommended dismissal.
District Court’s Review and Ruling
The parties were notified that they could object to the report and recommendation, but no objections were filed. Judge Andrew L. Carter, Jr. therefore reviewed the recommendation for clear error and found none. He adopted the report and recommendation in its entirety. Face of Beauty’s counterclaims were dismissed without prejudice, and the clerk was directed to terminate ECF No. 31.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.