Reinschmidt v. Buffalo Emergency Associates, LLP et al

Filing 17

-CLERK TO FOLLOW UP- ORDER adopting Magistrate Judge Jeremiah J. McCarthy's Report and Recommendation 16 as filed on April 21, 2014. This matter is dismissed for lack of subject matter jurisdiction, and the pending motions 7 , 8 and 9 are denied as moot, without prejudice to renewal. The Clerk of Court shall close the case. Signed by Hon. Richard J. Arcara on 5/19/14. (LAS)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

JONATHAN REINSCHMIDT, M.D.,
Plaintiff,
ORDER
13-CV-1153-A

v.
EXIGENCE LLC (Del.); et al.,

Defendants.

The above-referenced case was referred to Magistrate Judge Jeremiah J.
McCarthy pursuant to 28 U.S.C. § 636(b)(1) for the conduct of pretrial proceedings. On
April 21, 2014, Magistrate Judge McCarthy filed a Report and Recommendation (Dkt.
No. 16) recommending that the action be dismissed for lack of subject matter
jurisdiction, and that the pending motions (Dkt. Nos. 7, 8 and 9) be denied as moot,
without prejudice.
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, pursuant to 28 U.S.C. § 636(b)(1), for the reasons set forth in
Magistrate Judge McCarthy’s Report and Recommendation (Dkt. No. 16), this matter is
dismissed for lack of subject matter jurisdiction, and the pending motions (Dkt. Nos. 7, 8
and 9) are denied as moot, without prejudice to renewal.

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: May 19 , 2014

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