Deanne Kulke v. Sopheon Corporation and Greg Coticchia

Summary

The United States District Court for the Eastern District of New York adopted a magistrate judge’s report and recommendation recommending denial of Sopheon Corporation’s motion to strike certain paragraphs from the Complaint. Because no objections were filed within the applicable period, the court reviewed the recommendation for clear error, found none, and denied the motion to strike.

Holdings

1. When no party objects within the time permitted by Federal Rule of Civil Procedure 72(b)(2), the district court reviews the report and recommendation for clear error and may adopt it if no clear error is found.
2. The court denied Sopheon Corporation's motion to strike certain paragraphs from the complaint by adopting the magistrate judge's recommendation in its entirety.

Questions Presented

1. Whether the district court should adopt an unobjected-to report and recommendation after reviewing it for clear error.
2. Whether Sopheon Corporation's motion to strike certain paragraphs from the complaint should be denied.

Disposition

other