Scull v. Hennegan et al

Filing 104

DECISION AND ORDER adopting Magistrate Judge Jeremiah J. McCarthy's Report and Recommendation 101 . Defendant Anthony Bergamo is dismissed from this action, and the Clerk of Court shall take all steps necessary to terminate him as a defendant. This matter is recommitted to Magistrate Judge McCarthy for further proceedings. SO ORDERED. Signed by Hon. Richard J. Arcara on 3/21/2018. (LAS)-CLERK TO FOLLOW UP-

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

JOHN T. SCULL,
Plaintiff,
DECISION AND ORDER
15-CV-309-A

v.
PATRICK K. HENNEGAN,
ROGER TREVINO and
JOHN P. BARTOLOMEI,
BRIAN DEL PORTO,
NIAGARA FALLS REDEVELOPMENT LLC,
11TH STREET PROPERTIES LLC,
CLARKSVILLE LAND COMPANY LLC,
HOWARD MILSTEIN (Owner NFR),
ANTHONY BERGAMO (President NFR),
CITY OF NIAGARA FALLS NEW YORK,
THOMAS G. EWING,

Defendants.

The above-referenced case was referred to Magistrate Judge Jeremiah J.
McCarthy, pursuant to 28 U.S.C. § 636(b)(1)(B). On January 24, 2018, Magistrate
Judge McCarthy filed a Report and Recommendation (Dkt. No. 101), recommending
that Defendant Anthony Bergamo be dismissed from this action.
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 McCarthy’s Report and Recommendation, Defendant
Anthony Bergamo is dismissed from this action, and the Clerk of Court shall take all

steps necessary to terminate him as a defendant. The case is referred back to
Magistrate Judge McCarthy for further proceedings.

IT IS SO ORDERED.

____Richard J. Arcara____________
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT COURT
Dated: March 21, 2018