HOODA, M.D. v. W.C.A. SERVICE CORPORATION et al

Filing 63

ORDER denying 51 Motion to Vacate ; denying 52 Motion to Stay; denying 54 Motion to Dismiss for Failure to State a Claim; adopting Report and Recommendation re 62 . Defendants are directed to reimburse plaintiff in teh amount of $538.67 for expenses incurred in making service and $893.75 for attorney's fees incurred in makign the motion to collect service costs for a total of $1,432.42. Case is referred backto Magistrate Judge Schroeder for further proceedings. SO ORDERED. Signed by Hon. Richard J. Arcara on 12/1/2011. (JMB)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

BARKAT S. HOODA, M.D.,
Plaintiff,

v.

ORDER
11-CV-504A

W.C.A. SERVICES CORPORATION
d/b/a WCA HOSPITAL, and
BETSY T. WRIGHT,
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 November 4, 2011,
Magistrate Judge Schroeder filed a Report, Recommendation and Order
recommending that defendants' motion to set aside a portion of a June 3, 2011, Order
of Hon. Lee H. Rosenthal, United States District Judge for the Southern District of
Texas, be denied and that defendants' motion to stay enforcement of that order be
likewise denied. He recommended that defendants be directed to reimburse plaintiff in
the amount of $538.67 for expenses incurred in making service, and $893.75 for
attorney's fees incurred in making the motion to collect service costs, for a total of
$1,432.42. He also recommended that plaintiff's motion to dismiss defendants’
counterclaim be denied.
The Court has carefully reviewed the Report, Recommendation and
Order, 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, Recommendation and Order,
defendants' motion to set aside Judge Rosenthal's June 3, 2011 Order is denied and
defendants' motion to stay enforcement of that Order is likewise denied. Defendants
are directed to reimburse plaintiff in the amount of $538.67 for expenses incurred in
making service, and $893.75 for attorney's fees incurred in making the motion to collect
expenses, for a total of $1,432.42. Plaintiff's motion to dismiss defendants’
counterclaim is also denied.
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 1, 2011