Zoological Society of Buffalo, Inc. v. Carvedrock, LLC et al

Filing 52

ORDER granting 42 third-party defendant Duane Weber insurance's motion to Dismiss for Lack of Jurisdiction; adopting Report and Recommendation re 51 . Case is referred back to Magistrate Judge Schroeder for further proceedings. Signed by Hon. Richard J. Arcara on 12/19/2011. (JMB)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK ZOOLOGICAL SOCIETY OF BUFFALO, INC., Plaintiff, ORDER 10-CV-035A v. CARVEDROCK, LLC and BURLINGTON INSURANCE COMPANY, Defendants. _____________________________________ CARVEDROCK, LLC, Defendant/third Party Plaintiff, V. DUANE WEBER INSURANCE, INC., Third-Party Defendant. The above-referenced case was referred to Magistrate Judge H. Kenneth Schroeder, Jr., pursuant to 28 U.S.C. § 636(b)(1)(B). On October 12, 2011 , Magistrate Judge Schroeder filed a Report and Recommendation, recommending that third-party defendant Duane Weber Insurance's motion to dismiss the third-party complaint for lack of personal jurisdiction 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, third-party defendant Duane Weber Insurance's motion to dismiss the third-party complaint for lack of personal jurisdiction is granted. The case is referred back to Magistrate Judge Schroeder for further proceedings. SO ORDERED. s/ Richard J. Arcara HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT JUDGE DATED:December 19, 2011

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