Doran et al v. Baranson et al

Filing 112

ORDER granting in part and denying in part 98 Motion for Summary Judgment; adopting Report and Recommendation re 106 . Case is referred back to Magistrate Judge Schroeder for further proceedings. Signed by Hon. Richard J. Arcara on 3/31/2009. (JMB)

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U N IT E D STATES DISTRICT COURT W E S T E R N DISTRICT OF NEW YORK M IC H A E L H. DORAN, INDIVIDUALLY, MICHAEL H. DORAN & ASSOCIATES, P.C. M IC H A E L H. DORAN AS PLAN A D M IN IS T R A T O R OF THE MICHAEL H. D O R A N & ASSOCIATES VOLUNTARY E M P L O Y E E BENEFICIARY ASSOCIATION AND T R U S T , THOMAS DORAN, and CHRISTOPHER M. MURPH Y, Plaintiffs, v. ORDER 05-CV-364 NICHOLAS P. MAGALHAES, PINNACLE W E A L T H GROUP LLC, PINNACLE W E A L T H E N T E R P R IS E S , LLC, PINNACLE W E A L T H G R O U P OF MOUNT VERNON LLC, ARTHUR J. G O R D O N , MICHELLE SOFOS, NORTH FORK B A N C O R P O R A T IO N , INC., NORTH FORK BANK, M ID -S T A T E S BENEFITS CORPORATION and A S S E T ACCUMULATION, INC. D e fe n d a n ts . T h is case was referred to Magistrate Judge H. Kenneth Schroeder, Jr. p u rs u a n t to 28 U.S.C. 636(b)(1), on July 27, 2005. On August 28, 2007, p la in tiffs filed a motion for partial summary judgment. On February 19, 2009, M a g is tra te Judge Schroeder filed a Report and Recommendation, recommending 1 th a t plaintiffs' motion for partial summary judgment on the issue of liability for b r e a c h of contract only be granted as against defendant North Fork Bank. D e fe n d a n t North Fork Bank filed objections to the Report and R e c o m m e n d a tio n on March 3, 2009 and plaintiffs filed a response thereto. Oral a rg u m e n t on the objections was held on March 31, 2009. P u rs u a n t to 28 U.S.C. 636(b)(1), this Court must make a de novo d e te r m in a tio n of those portions of the Report and Recommendation to which o b je c tio n s have been made. Upon a de novo review of the Report and R e c o m m e n d a tio n , and after reviewing the submissions and hearing argument fro m the parties, the Court adopts the proposed findings of the Report and R e c o m m e n d a t io n . Accordingly, for the reasons set forth in Magistrate Judge Schroeder's R e p o rt and Recommendation, plaintiffs' motion for partial summary judgment on th e issue of liability for breach of contract is granted as against North Fork Bank. This case is referred back to Magistrate Judge Schroeder for further proceedings. SO ORDERED. s/ Richard J. Arcara HONORABLE RICHARD J. ARCARA CHIEF JUDGE UNITED STATES DISTRICT COURT DATED: March 31 , 2009 2

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