Fontrick Door, Inc. v. Ferguson et al

Filing 19

ORDER granting in part and denying in part 12 Motion to Dismiss for Failure to State a Claim; adopting Report and Recommendation re 18 . Case is referred back to Magistrate Judge Schroeder. Signed by Hon. Richard J. Arcara on 1/30/2012. (JMB)

UNITED STATES DISTRICT COURT
W ESTERN DISTRICT OF NEW YORK

FONTRICK DOOR, INC.,
Plaintiff,
ORDER
10-CV-966A

v.
JOHN FERGUSON
and
DML SYSTEMS, INC.,
Defendants..

The above-referenced case was referred to Magistrate Judge H. Kenneth

Schroeder, Jr., pursuant to 28 U.S.C. § 636(b)(1)(B). On January 10, 2012, Magistrate
Judge Schroeder filed a Report and Recommendation, recommending that defendants'
motion to dismiss the amended complaint be 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 Schroeder’s Report and Recommendation, defendants' motion to
dismiss the amended complaint is granted in part.
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: January 30, 2012