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

Filing 72

ORDER adopting Magistrate Judge Jeremiah J. McCarthy's Report and Recommendation as filed on October 23, 2014. Plaintiff's supplemental motion to remand 60 is denied. The case is recommitted to Magistrate Judge McCarthy for further proceedings. SO ORDERED. Signed by Hon. Richard J. Arcara on 11/13/14. (LAS)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

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

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

Defendants.

This action was referred to Magistrate Judge Jeremiah J. McCarthy for the
conduct of pretrial proceedings pursuant to 28 U.S.C. § 636(b)(1). On October 23,
2014, Magistrate Judge McCarthy filed a Report and Recommendation recommending
plaintiffs’ supplemental motion to remand the action to Supreme Court, State of New
York, County of Erie, be denied. The Court has carefully reviewed the Report and
Recommendation, the record in the case, and the pleadings and materials submitted by
the parties, and no objections to the Report and Recommendation having been timely
filed, it is hereby

ORDERED, pursuant to 28 U.S.C. § 636(b)(1), and for the reasons set forth in
Magistrate Judge McCarthy’s Report and Recommendation concerning federal-officer
removal under 28 U.S.C. § 1442(a) (Dkt. No. 71), plaintiffs’ supplemental motion to
remand the action to Supreme Court, State of New York, County of Erie (Dkt. No. 60) is
denied. See generally Cuomo v. Air Liquid Sys.. Corp., et al., No. 13-4510-cv, slip op.

6-7 (2d Cir., Nov. 13, 2014).

The case is recommitted to Magistrate Judge McCarthy for further proceedings
consistent with the Text Order Referring Case (Dkt. No. 13).

IT IS SO ORDERED.

____Richard J. Arcara____________
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT COURT
Dated: November 13, 2014

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