Steuben Foods, Inc. v. HP Hood LLC

Filing 69

ORDER adopting Report and Recommendations re 67 Report and Recommendations.; denying 21 Motion for Summary Judgment. Case is referred back to Magistrate Judge McCarthy for further proceedings. Signed by Hon. Richard J. Arcara on 3/29/2013. (JMB)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

STEUBEN FOODS, INC.,
Plaintiff,
ORDER
12-cv-211A

v.
HP HOOD, LLC.,

Defendant.

The above-referenced case was referred to Magistrate Judge Jeremiah J.
McCarthy, pursuant to 28 U.S.C. § 636(b)(1)(B). On October 3, 2012, Magistrate Judge
McCarthy filed a Report and Recommendation, recommending that defendant’s motion
for partial summary judgment be denied, without prejudice to renewal at a later date.
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 McCarthy’s Report and Recommendation, defendant’s
motion for partial summary judgment is denied without prejudice to renewal at a later
date.
The case is referred back to Magistrate Judge McCarthy for further
proceedings.

SO ORDERED.

s/ Richard J. Arcara
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT JUDGE
DATED: March 29, 2013