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

Filing 85

-CLERK TO FOLLOW UP-ORDER granting in part and denying in part 72 Motion for Summary Judgment; adopting Report and Recommendation re 82 ; granting 84 Motion to Withdraw. Plaintiff's complaint is dismissed. The Clerk of court shall enter judgment accordingly and close the case. (JMB)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK BARKAT S. HOODA, M.D., Plaintiff, ORDER 11-CV-504-A v. W.C.A. SERVICE 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 April 30, 2013, Magistrate Judge Schroeder filed a Report and Recommendation, recommending that defendants’ motion for summary judgment be granted in part and denied 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. Defendant W.C.A. Service Corporation filed an objection to the Report and Recommendation, but subsequently filed a motion to withdraw the objection. The Court grants defendant’s motion to withdraw the objection. Therefore, 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, defendant’s motion for summary judgment is granted in part and denied in part. Plaintiff’s Complaint is dismissed, the Clerk shall enter judgment accordingly and terminate the action. SO ORDERED. s/ Richard J. Arcara HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT JUDGE DATED: May 17, 2013

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