Stepniak v. United Materials, Llc.

Full title: JOHN A. KATHY STEPNIAK, Plaintiffs, v. UNITED MATERIALS, LLC., Defendant

Court: United States District Court, W.D. New York

Date published: Sep 24, 2009

03-CV-569A (W.D.N.Y. Sep. 24, 2009)

Opinion

03-CV-569A.

September 24, 2009

ORDER

RICHARD ARCARA, District Judge

The above-referenced case was referred to Magistrate Judge Jeremiah J. McCarthy, pursuant to 28 U.S.C. § 636(b)(1)(B). On September 2, 2009, Magistrate Judge McCarthy filed a Report and Recommendation, recommending that plaintiffs' cross motion for summary judgment be denied and that their second cause of action be dismissed, without prejudice.

The Court has carefully reviewed the Report and Recommendation, the record in this case, and the pleadings and materials submitted by the parties, and no objections having been timely filed, it is hereby

ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons set forth in Magistrate Judge McCarthy's Report and Recommendation, plaintiffs' cross-motion for summary judgment is denied and their second cause of action is dismissed, without prejudice.

The case is referred back to Magistrate Judge McCarthy for further proceedings.

SO ORDERED.