UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wee eK DONALD HESS, ELIZABETH PADILLA, JUDITH HOLLAND, TIKA JONES, HARRY LICHTMAN, DAWN MESA, ALEXANDRIA SMITH and EMILY VAHUE, individually and on behalf of all others similarly situated, Plaintiff, 21 CIVIL 4099 (JLR)(RWL) -against- JUDGMENT BED BATH & BEYOND INC., Defendants. wenn K It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated January 25, 2023, the Court adopts the Report & Recommendation in its entirety. The Court GRANTS Defendant's motion to dismiss and DISMISSES the case without prejudice to Plaintiffs filing in state court. The lack of any timely objections, in light of the clear notice provided in the Report, precludes appellate review of this decision. See Frank, 968 F.2d at 300; Lee, 473 F. Supp. 2d at 436; accordingly, the case is closed. Dated: New York, New York January 25, 2023 RUBY J. KRAJICK Clerk of Court BY: Ee Deputy Clerk