Trapper et al v. Credit Collection Services, Inc. et al

Filing 28

ORDER granting 17 Motion to Dismiss; adopting Report and Recommendation 23 . Case is referred back to Magistrate McCarthy for further proceedings. Signed by Hon. Richard J. Arcara on 10/26/2011. (JMB)

UNITED STATES DISTRICT COURT
W ESTERN DISTRICT OF NEW YORK

SEAN M. TRAPPER,
MICHAEL TRAPPER and
CYNTHIA TRAPPER,
Plaintiffs,
v.

ORDER
10-CV-730

CREDIT COLLECTION SERVICES, INC. And
AFFILIATED COMPUTER SERVICES, INC.,
Defendants.

This case was referred to Magistrate Judge Jeremiah J. McCarthy,
pursuant to 28 U.S.C. § 636(b)(1). On January 26, 2011, defendant Credit
Control Services, Inc. filed a motion to dismiss. On August 31, 2011, Magistrate
Judge McCarthy filed a Report and Recommendation, recommending that the
motion to dismiss be granted.
Plaintiffs filed objections to the Report and Recommendation on September
11, 2011. Defendant filed a response thereto on September 16, 2011. Oral
argument on the objections was held on October 21, 2011.
Pursuant to 28 U.S.C. § 636(b)(1), this Court must make a de novo
determination of those portions of the Report and Recommendation to which
objections have been made. Upon a de novo review of the Report and
Recommendation, and after reviewing the submissions and hearing argument

from the parties, the Court adopts the proposed findings of the Report and
Recommendation.
Accordingly, for the reasons set forth in Magistrate Judge McCarthy's
Report and Recommendation, defendant Credit Control Services Inc.'s motion to
dismiss is granted. The case is referred back to Magistrate Judge McCarthy for
further proceedings.

SO ORDERED.

s/ Richard J. Arcara
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT JUDGE
DATED:October 26, 2011

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