Zavala v. Top Shelf Electric Corp.
- Clarke
- 1:20-cv-09437
- U.S. District Court · Southern District of New York
- 2
In Zavala v. Top Shelf, Judge Clarke adopted a recommendation supporting default judgment after no objections, while directing dismissal of claims against two remaining entities.
The plaintiffs and defendants in the case were affected by the adoption of the default-judgment recommendation and the waiver of objections. PEI Electrical Service Group Inc. and CPI Electrical Services Inc. were specifically affected by the direction that the plaintiffs voluntarily dismiss the claims against them.
What happened
In Zavala v. Top Shelf Electric Corp., the court considered a magistrate judge’s recommendation that the plaintiffs’ motion for default judgment be granted. The parties had fourteen days to object, and the court gave the plaintiffs extra time until May 8, 2024.
No objections or further extension request was filed. The court therefore found that the parties had given up their right to object to the recommendation or seek appellate review on that basis. Even so, the court reviewed the recommendation and found it well reasoned and supported by the facts and law.
Judge Jessica G. L. Clarke adopted the recommendation in full. The order also directed the plaintiffs to voluntarily dismiss their claims against PEI Electrical Service Group Inc. and CPI Electrical Services Inc. by May 16, 2024. The recommendation had advised granting the default-judgment motion, but this order itself states that the recommendation was adopted rather than separately reciting the judgment’s terms.
The detailed version
- Zavala v. Top Shelf Electric Corp. · No. 1:20-cv-09437
- Clarke
- May 10, 2024
Background
The plaintiffs moved for default judgment. The motion was referred to Magistrate Judge Gorenstein, who issued a Report and Recommendation on April 10, 2024, recommending that the motion be granted.
The Report and Recommendation gave the parties fourteen days after service to object and warned that failing to object on time would waive the right to object. On April 17, 2024, the plaintiffs requested more time, and the court extended the deadline to May 8, 2024. No objections or additional extension request had been filed by the date of the order.
Court’s Review
The court explained that it could accept, reject, or modify the magistrate judge’s recommendation. Because no timely objections were filed, the parties waived the right to object to the recommendation or obtain appellate review on that basis. The court nevertheless reviewed the petition and the Report and Recommendation and found the recommendation well reasoned and grounded in fact and law.
Ruling
Judge Jessica G. L. Clarke adopted the Report and Recommendation in its entirety. Because that recommendation advised granting the motion for default judgment, the order adopted that recommendation. The order also directed the plaintiffs to voluntarily dismiss their claims against the two remaining entity defendants, PEI Electrical Service Group Inc. and CPI Electrical Services Inc., by May 16, 2024. The Clerk of Court was directed to terminate ECF No. 138.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.