Swedenhjelm et al v. Wen-Yei Enterprise, LTD. et al

Filing 26

ORDER adopting Magistrate Judge Leslie G. Foschio's Report and Recommendation as filed on September 29, 2014. Defendants' motion to dismiss 19 is denied, and the time for plaintiffs to serve defendants is extended in accordance with N.Y. CPLR 306-b. The case is referred back to Magistrate Judge Foschio for further proceedings. IT IS SO ORDERED. Signed by Hon. Richard J. Arcara on 10/21/14. (LAS)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

TIMOTHY J. SWEDENHJELM and
KRISTIN L. SWEDENHJELM,
Plaintiffs,
ORDER
12-CV-00022A(F)

v.
WEN-YEI ENTERPRISE, LTD and
WEN-ZHAN ENTERPRISE CO., LTD,

Defendants.

The above-referenced case was referred to Magistrate Judge Leslie G.
Foschio, pursuant to 28 U.S.C. § 636(b)(1)(B). On September 29, 2014, Magistrate
Judge Foschio filed a Report and Recommendation, recommending that defendants’
motion to dismiss (Dkt. No. 19) should be denied.
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 (Dkt. No 19) is denied, and the time for plaintiffs to serve defendants
is extended in accordance with N.Y. CPLR 306-b.
The case is referred back to Magistrate Judge Foschio for further proceedings..

IT IS SO ORDERED.

____Richard J. Arcara____________
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT COURT
Dated: October 21, 2014