Carucci v. Argonaut Insurance Company

Filing 32

ORDER adopting Report and Recommendation re 31 ; granting 13 Motion for Summary Judgment. Clerk of court to close case. Signed by Hon. Richard J. Arcara on 8/24/2009. (JMB)

UNITED STATES DISTRICT COURT W ESTERN DISTRICT OF NEW YORK

DAVID CARUCCI, Plaintiff, ORDER 06-CV-862A

v. ARGONAUT INSURANCE COMPANY,

Defendant.

The above-referenced case was referred to Magistrate Judge H. Kenneth S c h ro e d e r, Jr., pursuant to 28 U.S.C. § 636(b)(1)(B). On July 31, 2009, Magistrate Judge Schroeder filed a Report and Recommendation, recommending that defendant's motion for summary judgment be granted. 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 Schroeder's Report and Recommendation, defendant's motion for summary judgment is granted. The Clerk of Court shall take all steps necessary to close the case. SO ORDERED.

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