DiFrancesco et al v. Express Scripts, Inc.

Filing 24

ORDER granting 11 Motion to Remand; adopting Report and Recommendation re 23 . Clerk of Court to close case. Signed by Hon. Richard J. Arcara on 12/7/2009. (JMB)

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UNITED STATES DISTRICT COURT W ESTERN DISTRICT OF NEW YORK CAROLYN DIFRANCESCO, et al., Plaintiffs, ORDER 09-CV-725A v. EXPRESS SCRIPTS, INC., 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 November 6, 2009, Magistrate Judge Schroeder filed a Report and Recommendation, recommending that plaintiffs' motion to remand the action to New York State Supreme Court, Erie County, 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, plaintiffs' motion to remand the action to New York State Supreme Court, Erie County 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: December 7, 2009

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