Avrio Group Surveillance Solutions, Inc. v. Essex Insurance Company et al

Filing 21

ORDER granting in part and denying in part 10 Motion to Dismiss; adopting Report and Recommendation re 14 . Case is referred back to Magistrate Judge Foschio for further proceedings. Signed by Hon. Richard J. Arcara on 6/13/2011. (JMB)

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UNITED STATES DISTRICT COURT W ESTERN DISTRICT OF NEW YORK AVRIO GROUP SURVEILLANCE SOLUTIONS, INC., v. ORDER 10-CV-833 ESSEX INSURANCE COMPANY, FELICIA HELTON, and JOHNSON CONTROLS, INC., Defendants. This case was referred to Magistrate Judge Leslie G. Foschio, pursuant to 28 U.S.C. § 636(b)(1)(A). On December 13, 2010, defendants filed a motion to dismiss. On May 17, 2011, Magistrate Judge Foschio filed a Report and Recommendation, recommending that defendants' motion to dismiss, converted to one seeking summary judgment, should be denied in part and granted in part. 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, defendants' motion to dismiss is denied in part and granted in part. The case is referred back to Magistrate Judge Foschio for further proceedings. SO ORDERED. s/ Richard J. Arcara HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT JUDGE DATED: June 13, 2011 2

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