Mayra Cruz and Raul Herrera, individually and on behalf of all other similarly situated persons v. Ultimate Care, Inc.

Summary

The Eastern District of New York adopted a magistrate judge’s Report and Recommendation recommending denial of the plaintiffs’ motion for leave to file a third amended complaint in an FLSA and NYLL overtime action. Because no party objected, the court reviewed the recommendation for clear error and denied the motion.

Holdings

1. When no timely objection is made to a magistrate judge's report and recommendation, the district court need only determine that there is no clear error on the face of the record before adopting it.
2. Plaintiffs' motion for leave to file a third amended complaint is denied.

Questions Presented

1. Whether the district court should adopt an unobjected-to magistrate judge's report and recommendation after reviewing the record for clear error.
2. Whether plaintiffs should be granted leave to file a third amended complaint after additional discovery.

Disposition

other