Second Circuit – Magistrate’s report and recommendation: Nambiar v. The Central Orthopedic Group, LLC

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United States Court of Appeals for the Second Circuit

 Magistrate’s report and recommendation —De Novo review

Nambiar v. The Central Orthopedic Group, LLC

24-1103-cv

Judges Lynch, Merriam, and Kahn

Background: The plaintiff appealed from the grant of summary judgment to the defendants in her action alleging discrimination on the basis of age and sex, retaliation, and breach of contract. The district judge referred the motion to a magistrate judge who issued a report and recommendation and then adopted the magistrate’s report and recommendation.

Ruling: The Second Circuit affirmed. The court held that it was error for the judge to review the R&R only for clear error. The plaintiff had filed a timely and specific written objection, which required the judge to review the R&R de novo. The Second Circuit concluded that, on de novo review, the defendants were entitled to summary judgment as the defendants articulated a legitimate, nondiscriminatory reason for her termination.

Pankaj Malik, of PM Law, for the plaintiff-appellant; Daniel S. Moretti and Tina S. Bhatt, of Landman Corsi Ballaine & Ford, for the defendants-appellees.