Woodruff et al v. Sysco Corporation et al

Filing 39

-CLERK TO FOLLOW UP-ORDER adopting Magistrate Judge Jeremiah J. McCarthy's Report and Recommendation 38 . Summary judgment is granted in favor of the defendants, and the defendants' motion to dismiss 4 and the plaintiffs' cross motion for leave to amend 15 are denied as moot. The Clerk of Court shall close the case. Signed by Hon. Richard J. Arcara on 4/28/14. (LAS)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

THOMAS WOODRUFF, KEITH ADAMS,
THOMAS REIDY and IVAN HANSEN
Plaintiffs,
ORDER
13-CV-00458(A)(M)

v.
SYSCO CORPORATION and
SYSCO PITTSBURGH, LLC,

Defendants.

The above-referenced case was referred to Magistrate Judge Jeremiah J.
McCarthy, pursuant to 28 U.S.C. § 636(b)(1)(B). On March 31, 2014, Magistrate Judge
McCarthy filed a Report and Recommendation, recommending that the defendants’
summary judgment motion be granted, and that the defendants’ motion to dismiss (Dkt.
No. 4) and plaintiffs’ cross motion for leave to amend (Dkt. No. 15) be denied as moot.
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, summary
judgment is granted in favor of the defendants, and the defendants’ motion to dismiss
(Dkt. No. 4) and the plaintiffs’ cross motion for leave to amend (Dkt. No. 15) are denied
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: April 28 , 2014