Richwalder v. United States Department of Labor

Filing 20

ORDER adopting Magistrate Judge Leslie G. Foschio's Report and Recommendation as filed on September 18, 2014. Defendant's motion to dismiss for failure to state a claim 8 is granted, and plaintiff's motion for summary judgment is dismissed as moot. IT IS SO ORDERED. -CLERK TO FOLLOW UP-. Signed by Hon. Richard J. Arcara on 10/9/14. (LAS)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

GERALDINE RICHWALDER as Executrix of the
Estate of Helen Richwalder, deceased,
Plaintiff,
ORDER
13-CV-325A

v.
UNITED STATES DEPARTMENT OF LABOR,

Defendant.

The above-referenced case was referred to Magistrate Judge Leslie G. Foschio,
pursuant to 28 U.S.C. § 636(b)(1)(B). On September 18, 2014, Magistrate Judge
Foschio filed a Report and Recommendation, recommending that defendant’s motion to
dismiss for failure to state a claim (Dkt. No. 8) be granted, and that the plaintiff’s motion
for summary judgment (Dkt. No. 12) be dismissed as moot. (Dkt. No. 19)
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, defendant’s motion to
dismiss for failure to state a claim is granted, and plaintiff’s motion for summary
judgment is dismissed as moot.

The Clerk of Court shall take all steps necessary to close the case.

IT IS SO ORDERED.

____Richard J. Arcara____________
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT COURT
Dated: October 9, 2014