Stepniak, et al v. United Materials

Filing 68

ORDER denying 30 Motion for Summary Judgment; adopting in part Report and Recommendation re 67 . Case is referred back to Magistrate Judge for further proceedings. Signed by Hon. Richard J. Arcara on 9/24/2009. (JMB) Modified on 9/25/2009 (JMB).

UNITED STATES DISTRICT COURT W ESTERN DISTRICT OF NEW YORK

JOHN A. & KATHY STEPNIAK, Plaintiffs, ORDER 03-CV-569A

v. UNITED MATERIALS, LLC., Defendant.

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' crossmotion 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.

s/ Richard J. Arcara
HONORABLE RICHARD J. ARCARA CHIEF JUDGE UNITED STATES DISTRICT COURT DATED: September 24, 2009