Lafarge North America, Inc. v. All Star Ready Mix Corp. et al

Filing 28

ORDER: In light of the outstanding motions made by the parties, it is hereby: 1. ORDERED that Defense Counsel Artura's Motion to Withdraw as Attorney, Dkt. 20, is DENIED; 2. ORDERED that Magistrate Judge Reyes's Report and Recommendation i s ADOPTED, subject to the modifications above; 3. ORDERED that Plaintiff's First Motion for Extension of Time to File Objections, Dkt. 26, is DENIED as moot; and 4. ORDERED that Plaintiff's Second Motion for Extension of Time to File Objections, Dkt. 27, is DENIED as moot. Ordered by Judge William F. Kuntz, II on 11/21/2014. (Brucella, Michelle)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

---------------------------------------------------------------){
LAFARGE NORTH AMERICA, INC.,
Plaintiff,
ORDER
14-CV-2481 (WFK) (RER)

-againstALL STAR READY Ml){ CORP. and FRANK
ALFIERO,
Defendants.

---------------------------------------------------------------){
WILLIAM F. KUNTZ, II, United States District Judge:

This Court held a status conference on November 21, 2014 to address Plaintiff Lafarge
North America, Inc.'s ("Lafarge") Second Motion for Extension of Time to File Objections (Dkt.
27) to the Report and Recommendation issued by the Honorable Magistrate Judge Ramon E.
Reyes, Jr. (Dkt. 24). Based on the presentations made by the parties at the conference, this Court
now ADOPTS Magistrate Judge Reyes's Report and Recommendation with the following
modifications. As stated at the conference, Counsel for Defendants, Richard F. Artura, Esq., is
hereby ordered to maintain his representation of Defendant Alfiero, and he is also ordered to
maintain his representation of Defendant All Star Ready Mix Corp ("All Star"). In addition, if
Plaintiff elects to file a motion for summary judgment, the parties must abide by the following
briefing schedule:
1.

Plaintiff shall serve its motion for summary judgment on or before December 22, 2014;

2.

Defendants shall and serve their opposition brief, if any, on or before January 23, 2015;
and

3.

Plaintiff shall file and serve its reply memorandum on or before February 6, 2015;

-1-

Plaintiff shall file all briefs on ECF and send a set of courtesy copies of all motion papers
to the Court via first-class mail, addressed to Mr. Andrew Jackson.
Additionally, based on this disposition and in light of the outstanding motions made by
the parties, it is hereby:
1. ORDERED that Defense Counsel Artura's Motion to Withdraw as Attorney, Dkt.

20, is DENIED;
2. ORDERED that Magistrate Judge Reyes's Report and Recommendation is
ADOPTED, subject to the modifications above;
3. ORDERED that Plaintiffs First Motion for Extension of Time to File Objections,
Dkt. 26, is DENIED as moot; and
4. ORDERED that Plaintiffs Second Motion for Extension of Time to File
Objections, Dkt. 27, is DENIED as moot.
SO ORDERED.

s/WFK

HON. WILLIA
UNITED ST ES

Dated: November 21, 2014
Brooklyn, New York

-2-

, II
!STRICT JUDGE