Roberts v. Fresenius Kabi USA LLC

Filing 50

DECISION AND ORDER adopting Magistrate Judge Leslie G. Foschio's Report and Recommendation 41 . Defendant's 34 motion for summary judgment pursuant to Fed. R. Civ. P. 56 is granted. The Clerk of the Court shall enter judgment in favor of the defendant and close the case. SO ORDERED. Signed by Hon. Richard J. Arcara on 10/19/2018. (LAS)-CLERK TO FOLLOW UP-

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

JOHN ROBERTS,
Plaintiff,
DECISION AND ORDER
14-CV-369-A

v.
FRESENIUS KABI USA LLC,

Defendant.

This case was referred to Magistrate Judge Leslie G. Foschio pursuant to 28
U.S.C. § 636(b)(1) for the conduct of the pretrial proceedings. On July 17, 2017, the
Magistrate Judge filed a Report and Recommendation (Dkt. No. 41) recommending
that defendant Fresenius Kabi’s motion for summary judgment pursuant to Fed. R.
Civ. P. 56 (Dkt. No. 34) be granted because no material issues of fact require a trial.
On August 31, 2017, plaintiff John Roberts filed objections to the Report and
Recommendation. Dkt. No. 47. Defendant Fresenius Kabi filed a timely response
(Dkt. No. 49). Oral argument is unnecessary.
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 after considering the parties’ arguments, the Court
hereby adopts the Magistrate Judge’s recommended findings and conclusions.
Based upon the undisputed material facts, no reasonable jury could find for the
plaintiff as a matter of law. Accordingly, defendant Fresenius Kabi’s motion for

summary judgment pursuant to Fed. R. Civ. P. 56 is granted.
The Clerk shall enter Judgment in favor of the defendant, Fresenius Kabi USA
LLC, and shall close the case.
IT IS SO ORDERED.

____Richard J. Arcara____________
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT COURT
Dated: October 19, 2018

2