Waterman v. NYS Office of Temp and Disability

Filing 54

DECISION AND ORDER adopting Magistrate Judge Michael J. Roemer's Report, Recommendation and Order 48 . Plaintiff's motion to amend the complaint 43 is granted as to his proposed retaliation claim, and the motion is denied as to plaintif fs claims against his former co-workers Ed Ploski, Mario Musso, Mike Bautz, Debi Milley and Cindy Bialecki. The case is referred back to Magistrate Judge Roemer for further proceedings. A copy of this Decision and Order has been mailed to Keith Waterman, 1432 Cayuga Rd., Irving, NY 14081. SO ORDERED. Signed by Hon. Richard J. Arcara on 1/27/17. (LAS)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

KEITH WATERMAN,
Plaintiff,
DECISION AND ORDER
13-CV-611-A

v.
NYS OFFICE OF TEMP & DISABILITY,

Defendant.

The above-referenced case was referred to Magistrate Judge Michael J.
Roemer pursuant to 28 U.S.C. § 636(b)(1) for the conduct or pretrial proceedings.
On December 15, 2016, Magistrate Judge Roemer filed a Report, Recommendation
and Order (Dkt. No. 48), recommending that plaintiff’s motion to amend the complaint
(Dkt. No. 43) be granted as to his proposed retaliation claim, and that the motion be
denied as to plaintiff’s proposed claims against his former co-workers Ed Ploski,
Mario Musso, Mike Bautz, Debi Milley and Cindy Bialecki.
On December 29, 2016, defendant filed objections to the Report,
Recommendation and Order (Dkt. No. 49), and plaintiff filed a response, along with a
further request to amend the complaint, on January 20, 2017 (Dkt. No. 53). The
matter was deemed submitted.
Pursuant to 28 U.S.C. §636(b)(1), this Court must make a de novo
determination of those portions of the Report and Recommendation to which
objections have been made. Upon de novo review, and after reviewing the

submissions from the parties, the Court hereby adopts Magistrate Judge Roemer’s
findings and conclusions.
ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons set
forth in Magistrate Judge Roemer’s Report, Recommendation and Order, plaintiff’s
motion to amend the complaint is granted as to his proposed retaliation claim, and
the motion is denied as to plaintiff’s claims against his former co-workers Ed Ploski,
Mario Musso, Mike Bautz, Debi Milley and Cindy Bialecki.
The case is referred back to Magistrate Judge Roemer for further proceedings.
IT IS SO ORDERED.

____Richard J. Arcara____________
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT COURT
Dated: January 27, 2017

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