SCHWARTZ et al v. KUO et al

Filing 72

ORDER ADOPTING REPORT AND RECOMMENDATIONS (DOC #69) for 66 Motion to Dismiss filed by AARON CHEVINSKY, M.D., 61 Motion to Dismiss, filed by IAN ATLAS, M.D., GARDEN STATE UROLOGY; that DefendantS' motions to dismiss Plaintiffs complaint for failure tocomply with the affidavit of merit statute [Docket Entry Nos. 61 and 66] are denied withoutprejudice as premature. Signed by Judge Jose L. Linares on 4/23/14. (jd, )

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

BARBARA SCHWARTZ, et a!.,

Civil Action No.: 13-5227 (JLL)

Plaintiffs,
v.

ORDER

DAVID KUO, M.D., et al.,
Defendants.

THIS MATTER comes before the Court by way of Defendants’ motion
s to dismiss
Plaintiff’s complaint for failure to comply with the affidavit of merit statute [Docke
t Entry Nos.
61 and 66]. This Court had referred Defendants’ motions to the Honorable Joseph
A. Dickson,

United States Magistrate Judge, pursuant to 28 U.S.C.
§ 636 (b)(1)(B). Magistrate Judge
Dickson filed a Report and Recommendation in connection with said motion
s on April 8, 2014.
In particular, Magistrate Judge Dickson recommended that Defendants’
motions be denied
without prejudice as premature. To date, the Court has received no objecti
ons with respect to
Magistrate Judge Dickson’s April 8, 2014 Report and Recommendation,
and for good cause
shown,
1T IS on this 23’’ day of April, 2014,

ORDERED that the Report and Recommendation of Magistrate Judge Dickso
n, filed on
April 8, 2014 [Docket Entry No. 69], is hereby ADOPTED as the
findings of fact and
conclusions of law of this Court; and it is further
ORDERED that Defendants’ motions to dismiss Plaintiffs compla
int for failure to
comply with the affidavit of merit statute [Docket Entry Nos. 61 and 66]
are denied without
prejudice as premature.
IT IS SO ORDERED.

-

Li es
rr1ied States District Judge
.
8
JO,