Stark et al v. National Reinsurance Corporation et al

Filing 35

ORDER adopting Report and Recommendation re 34 and remanding case to New York State Supreme Court, Erie County. Clerk of Court to close case. Signed by Hon. Richard J. Arcara on 4/22/2010. (JMB)

UNITED STATES DISTRICT COURT W ESTERN DISTRICT OF NEW YORK

PETER M. STARK, ANTHONY DIAZ, JAMES STENGER, as Trustees of the Preferred Manufacturers Insurance Trust Fund, and THE PREFERRED MANUFACTURERS INSURANCE TRUST FUND, Plaintiffs, ORDER 09-CV-78A

v. NATIONAL REINSURANCE CORPORATION, REPUBLIC WESTERN INSURANCE COMPANY, Defendants.

The above-referenced case was referred to Magistrate Judge Leslie G. F o s c h io , pursuant to 28 U.S.C. § 636(b)(1)(B). On April 7, 2010, Magistrate Judge Foschio filed a Report and Recommendation, recommending that the matter be remanded to New York State Supreme Court, Erie County. 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 Foschio's Report and Recommendation, the matter is remanded to New York State Supreme Court, Erie County. The Clerk of Court shall take all steps necessary to close the case.

SO ORDERED.

s/ Richard J. Arcara
HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT JUDGE DATED: April 22, 2010