Badilla, et al v. National Air Cargo Inc., et al

Filing 51

ORDER denying 18 Motion to Remand to State Court; denying 24 Motion to Amend or Correct; denying 37 Motion to Dismiss; adopting Report and Recommendation re 50 . Case is referred back to Magistrate Judge McCarthy for further proceedings. Signed by Hon. Richard J. Arcara on 10/21/2013. (JMB)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

JESSICA T. BADILLA, et al.,
Plaintiffs,
ORDER
12-CV-1066A

v.
NATIONAL AIR CARGO, INC., et al.,

Defendants.

The above-referenced case was referred to Magistrate Judge
Jeremiah J. McCarthy pursuant to 28 U.S.C. § 636(b)(1)(B). On September 30,
2013, Magistrate Judge McCarthy filed a Report and Recommendation [50],
recommending that plaintiffs’ motion to remand [18, 24] be denied, without
prejudice to renewal following completion of limited discovery as specified in the
Report and Recommendation, and that defendant Transafrik International Ltd.’s
motion to dismiss [37] be denied, without prejudice to renewal, if it is determined
that subject matter jurisdiction over the action exists.
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, pursuant to 28 U.S.C. § 636(b)(1), for the reasons set
forth in the Report and Recommendation [50], plaintiffs’ motion to remand [18, 24]

is denied, without prejudice to renewal following completion of limited discovery
as specified in the Report and Recommendation, and defendant Transafrik
International Ltd.’s motion to dismiss [37] is denied, without prejudice to renewal,
if is determined that subject matter jurisdiction exists.
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: October 21, 2013