Baker Homes Tenant Council, Inc. v. Lackawanna Municipal Housing Authority et al

Filing 31

ORDER adopting Magistrate Judge Hugh B. Scott's Report and Recommendation as filed on October 20, 2014. Defendants' motion to dismiss the Amended Complaint 24 is granted. Plaintiffs' motion to amend the Complaint 12 19 is denied as to the moving defendants, and leave to amend as to defendant City of Lackawanna is denied. The matter is referred to Magistrate Judge Scott for further proceedings. SO ORDERED. Signed by Hon. Richard J. Arcara on 12/11/14. (LAS)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK BAKER HOMES TENANT COUNCIL, INC., Plaintiff, ORDER 14-CV-284A v. LACKAWANNA MUNICIPAL HOUSING AUTHORITY, et al., Defendants. The above-referenced case was referred to Magistrate Judge Hugh B. Scott, pursuant to 28 U.S.C. § 636(b)(1)(B). On October 20, 2014, Magistrate Judge Scott filed a Report and Recommendation, recommending that defendants Lackawanna Municipal Housing Authority and executive director Polanski’s motion to dismiss the Amended Complaint (Dkt. No. 24) be granted. Further, the Magistrate Judge recommends that plaintiffs’ motion to amend the Complaint (Dkt. Nos. 12 and 19) should be denied as to the moving defendants, and that leave to amend as to defendant City of Lackawanna should be denied. 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 Scott’s Report and Recommendation, defendants’ motion to dismiss the Amended Complaint (Dkt. No. 24) is granted. Further, plaintiffs’ motion to amend the Complaint (Dkt. Nos. 12 and 19) is denied as to the moving defendants, and leave to amend as to defendant City of Lackawanna is denied. The matter is referred to Magistrate Judge Scott for further proceedings. IT IS SO ORDERED. ____Richard J. Arcara____________ HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT COURT Dated: December 11, 2014

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