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Civil Rights: Other | New York Eastern
Scheduling Order
SCHEDULING ORDER: Due to a change in the Court's calendar, the 10/23/26 Settlement Conference is rescheduled for 2:00 p.m. in Courtroom 910. Ordered by Magistrate Judge Steven Tiscione on 9/23/2026. (JJT)
Order Adopting Report and Recommendations Order on Motion to Alter Judgment Order on Report and Recommendations
ORDER ADOPTING REPORT AND RECOMMENDATIONS; denying 112 Motion to Alter Judgment; adopting Report and Recommendations as to 128 Report and Recommendations. In a R&R issued on June 25, 2026, Magistrate Judge Lee G. Dunst recommends denying Plaintiffs' Motion seeking reconsideration of this Court's November 18, 2024 Memorandum and Order dismissing the substantive due process claim alleged in Plaintiffs' Second Amended Complaint. (See ECF No. 112 (the "Motion"); ECF No. 91 (Memorandum and Order, dated November 18, 2024); ECF No. 77 (Second Amended Complaint).) No objections to the R&R have been filed and the time to do so has passed. "Where parties receive clear notice of the consequences, failure to timely object to a magistrate's report and recommendation operates as a waiver of further judicial review of the magistrate's decision." Smith v. Campbell, 782 F.3d 93, 102 (2d Cir. 2015) (quoting Mario v. P & C Food Mkts., Inc., 313 F.3d 758, 766 (2d Cir. 2002)); see also Phillips v. Long Island R.R. Co., 832 F. App'x 99, 100 (2d Cir. 2021) (same). In the absence of any objections, "the district court need only satisfy itself that there is no clear error on the face of the record." Estate of Ellington ex rel. Ellington v. Harbrew Imports Ltd., 812 F. Supp. 2d 186, 189 (E.D.N.Y. 2011) (internal citations omitted). The Court has reviewed the record and the unopposed R&R for clear error and, finding none, hereby adopts the R&R in its entirety as the opinion of the Court. Accordingly, Plaintiffs' Motion is DENIED. Ordered by Judge Joan M. Azrack on 9/22/2026. (LNM)
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