Sortisio et al v. Accetta et al

Filing 43

ORDER adopting Report and Recommendation re 32 ; granting 17 Motion to Remand to State Court. Clerk of Court to close case. Signed by Hon. Richard J. Arcara on 12/7/2009. (JMB)

UNITED STATES DISTRICT COURT W E S T E R N DISTRICT OF NEW YORK

J E A N IN E A. SORTISIO, STEVEN R. SORTISIO, Plaintiffs, v. ORDER 09-CV-176

PETER ACCETTA, M.D., et al., D e fe n d a n ts .

T h is case was referred to Magistrate Judge Hugh B. Scott, pursuant to 28 U .S .C . § 636(b)(1). On April 15, 2009, plaintiffs filed a motion to remand. On J u n e 22, 2009, Magistrate Judge Scott filed a Report and Recommendation, re c o m m e n d in g that plaintiffs' motion to remand be granted. P la in tiff filed objections to the Report and Recommendation on July 6, 2 0 0 9 . Oral argument on the objections was held on November 13, 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 rm 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 tio n .

Accordingly, for the reasons set forth in Magistrate Judge Scott's Report a n d Recommendation, plaintiffs' motion to remand is granted. The Clerk of Court s h a ll 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: December 7, 2009

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