Thuman v. Dembski et al

Filing 108

DECISION AND ORDER adopting Magistrate Judge Leslie G. Foschio's 97 Report and Recommendation. Plaintiff's 88 motion for partial summary judgment is granted with respect to the claim asserted against Timothy S. Dembski. The matter is recommitted to Magistrate Judge Foschio for further proceedings with respect to the issue of damages. SO ORDERED. Signed by Hon. Richard J. Arcara on 5/10/2021. (LAS)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
GREGORY J. THUMAN,

Plaintiff,
DECISION AND ORDER
13-CV-1087-A

v.
TIMOTHY S. DEMBSKI, SCOTT M.
STEPHAN, PRESTIGE WEALTH
MANAGEMENT FUND, LP, PRESTIGE
WEALTH MANAGEMENT, LLC, and
MID-ATLANTIC CAPITAL CORPORATION,
Defendants.

This case was referred to Magistrate Judge Leslie G. Foschio pursuant to
28 U.S.C. ' 636(b)(1) for the conduct of pretrial proceedings.

On May 5, 2020,

Magistrate Judge Foschio filed a Report and Recommendation and Decision and
Order (Dkt. No. 97), recommending that plaintiff Gregory J. Thuman’s motion for
partial summary judgment (Dkt. No. 88) be granted with respect to the claims
asserted against defendant Timothy S. Dembski.
On June 18, 2020, defendant Dembski filed objections to the Report and
Recommendation.

Dkt. No. 103.

Plaintiff filed a response on July 9, 2020

(Dkt. No. 106), and no reply papers were filed.

The matter was deemed

submitted.
Pursuant to 28 U.S.C. '636(b)(1), the Court makes a de novo
determination of those portions of the Report and Recommendation to which

objections have been made.

Upon de novo review, and for the reasons stated

in the Report and Recommendation, the Court adopts the conclusion in the
Report and Recommendation, and it is hereby
ORDERED that plaintiff’s motion (Dkt. No. 88) is granted with summary
judgment granted on the claims asserted against defendant Timothy S. Dembski.
This matter is recommitted to Magistrate Judge Leslie G. Foschio for
pursuant to the terms of the existing referral order for further proceedings with
respect to the issue of damages.
IT IS SO ORDERED.

__s/Richard J. Arcara______
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT COURT
Dated:

May 10, 2021

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