Hoyle v. Dimond et al
Filing
136
-CLERK TO FOLLOW UP-DECISION AND ORDER adopting Magistrate Judge McCarthy's Report and Recommendation. Final judgment shall be entered as to all claims not previously dismissed, and Defendants' Motion to Dismiss Plaintiff's Counterclaims is denied as moot. Signed by Hon. John T. Curtin on 3/19/2014. (JEC)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
ERIC E. HOYLE,
Plaintiff,
-vs-
08-CV-347-JTC
FREDERICK DIMOND, et al.,
Defendants.
This matter was referred to the Hon. Jeremiah J. McCarthy for supervision of further
proceedings. Defendants filed a motion to dismiss their counterclaims without prejudice
pursuant to Fed. R. Civ. P. 41(c) (Item 125). The court previously granted in part the
defendants’ motion for summary judgment, dismissing plaintiff’s complaint in its entirety,
but denying the motion with respect to their counterclaims. As such, the only claims
remaining for resolution at trial are the defendants’ counterclaims.
By Order to Show Cause dated February 3, 2014, Magistrate Judge McCarthy
directed the parties to show cause why the court should not invoke Fed. R. Civ. P. 54(b)
to enter final judgment as to all claims which had previously been dismissed (Item 131).
Plaintiff failed to respond to the Order to Show Cause and defendants submitted a
memorandum of law agreeing to the proposal (Item 132).
In a Report and
Recommendation filed February 11, 2014, Magistrate Judge McCarthy recommended that,
as there is no just reason for delay, the court should enter judgment pursuant to Rule 54(b)
as to all clams and counterclaims except those which were not previously dismissed. In
light of this recommendation, the defendants’ motion to dismiss their counterclaims was
denied as moot.
The court has carefully reviewed the Report and Recommendation, the record, and
the materials submitted by the parties and, no objections to the Report and
Recommendation having been timely filed, it is hereby
ORDERED that, pursuant to 28 U.S.C. § 636(b)(1), Magistrate Judge McCarthy’s
Report and Recommendation is adopted, final judgment is entered as to all claims not
previously dismissed pursuant to Fed. R. Civ. P. 54(b), and defendants’ motion to dismiss
their counterclaims is denied as moot.
So ordered.
______\s\ John T. Curtin___
JOHN T. CURTIN
United States District Judge
Dated:
March 19, 2014
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