Zink v. First Niagara Bank, N.A.

Filing 84

ORDER adopting Magistrate Judge Jeremiah J. McCarthy's Report and Recommendation 81 as filed on December 11, 2014. Defendant's motion for leave to amend its answer 70 is denied as to defendant's proposed Eleventh and Twelfth Defenses. The matter remains with Magistrate Judge McCarthy for pretrial proceedings. SO ORDERED. Signed by Hon. Richard J. Arcara on 1/30/15. (LAS)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

JEFFREY ZINK, on behalf of himself
and all other similarly situated,
Plaintiff,
ORDER
13-CV-1076-A

v.
FIRST NIAGARA BANK, N.A.,

Defendant.

This action was referred pursuant to 28 U.S.C. § 636(b)(1) to Magistrate
Judge Jeremiah J. McCarthy for pretrial proceedings. On December 11, 2014,
Magistrate Judge McCarthy filed a Report and Recommendation (Dkt. No. 81) that
recommends that defendant First Niagara Bank N.A.’s motion for leave to amend its
answer (Dkt. No. 70) be denied as to defendant First Niagara’s proposed Eleventh
and Twelfth Defenses.
The Court has carefully reviewed the Report and Recommendation, the
record in this case, 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 (Dkt. No. 81),
defendant First Niagara’s motion for leave to amend its answer (Dkt. No. 70) is
denied as to defendant’s proposed Eleventh and Twelfth Defenses.
The matter remains committed to Magistrate Judge McCarthy for pretrial

proceedings.
SO ORDERED.

____Richard J. Arcara____________
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT COURT
Dated: January 30, 2015