DELEO v. VEGNANI

Filing 5

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE BANKRUPTCY JUDGE accepting 4 Report and Recommended Decision, dismissing as moot 1 Motion to Withdraw Reference By JUDGE JOHN A. WOODCOCK, JR. (CCS)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
MICHAEL JAMES DELEO,
Plaintiff,
v.
ANTHONY VEGNANI
Defendant.

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2:21-mc-00212-JAW

ORDER AFFIRMING THE
RECOMMENDED DECISION OF THE BANKRUPTCY JUDGE
On September 30, 2021, the United States Bankruptcy Judge issued
his Recommended Decision (ECF No. 4) on Defendant Anthony Vegnani’s
Motion to Dismiss (Bankr. ECF No. 9). Plaintiff Michael J. Deleo did not file
any objections by the October 14, 2021 response deadline, and the
Recommended Decision was submitted to this Court on October 15, 2021.
The Court reviewed and considered the Bankruptcy Judge’s Recommended
Decision, together with the entire record; the Court has made a de novo
determination of all matters adjudicated by the Bankruptcy Judge’s
Recommended Decision on this dispositive matter; and the Court concurs
with the recommendations of the United States Bankruptcy Judge for the
reasons set forth in his Recommended Decision and determines that no
further proceeding is necessary.
With the affirmance of this Recommended Decision and the dismissal

of the Amended Complaint, the Plaintiff’s Motion to Withdraw the Reference
of a Matter Referred to Bankruptcy Court under 28 U.S.C. § 157(a) Pursuant
to 28 U.S.C. § 157(d) (ECF No. 1) becomes moot and the Court dismisses it.
1. It is therefore ORDERED that the Recommended Decision of
the Bankruptcy Judge (ECF No. 4) be and hereby is
AFFIRMED.
2. It is further ORDERED that pursuant to Rule 12(b)(6)
Defendant’s Motion to Dismiss (Bankr. ECF No. 9) be and
hereby is GRANTED.
3. It is further ORDERED that Plaintiff’s Motion to Withdraw
Reference (ECF No. 1) be and hereby is DISMISSED as moot.
SO ORDERED.

/s/ John A. Woodcock, Jr.
JOHN A. WOODCOCK, JR.
UNITED STATES DISTRICT JUDGE
Dated this 28th day of October, 2021

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