Marinchek v. American Standard Metal Products Corporation, et al

Filing 44

DECISION AND ORDER adopting Magistrate Judge H. Kenneth Schroeder, Jr.'s Report and Recommendation 42 . For the reasons set forth in the Report and Recommendation, the motions for summary judgment of The New York Blower Company 31 , PennBarry 33 , Howden Alphair Ventilating Systems, Inc. and Howden North America, Inc. 35 , and Baldor Electric Company 40 are all granted. The Clerk of the Court shall revise the caption to reflect only the remaining parties. SO ORDERED. Signed by Hon. Richard J. Arcara on 3/15/2019. (LAS)-CLERK TO FOLLOW UP-

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK RANDALL MARINCHEK, Plaintiff, DECISION AND ORDER 15-CV-735-A v. AMERICAN STANDARD METAL PRODUCTS CORPORATION, et al., Defendants. The above-referenced case was referred to Magistrate Judge H. Kenneth Schroeder, Jr., for the conduct of pretrial proceedings pursuant to 28 U.S.C. § 636(b)(1). On January 11, 2019, Magistrate Judge Schroeder filed a Report and Recommendation (Dkt. No. 42) recommending that motions for summary judgment under Fed. R. Civ. P. 56 filed by The New York Blower Company (Dkt. No. 31), PennBarry (Dkt. No. 33), Howden Alphair Ventilating Systems, Inc. and Howden North America, Inc. (Dkt. No. 35), and Baldor Electric Company (Dkt. No. 40) all be granted. The Court has carefully reviewed the Report and Recommendation, the record in this case, and no objections to the Report and Recommendation having been timely filed, it is hereby ORDERED, pursuant to 28 U.S.C. § 636(b)(1), and for the reasons set forth in the Report and Recommendation, the motions for summary judgment of The New York Blower Company (Dkt. No. 31), PennBarry (Dkt. No. 33), Howden Alphair Ventilating Systems, Inc. and Howden North America, Inc. (Dkt. No. 35), and Baldor Electric Company (Dkt. No. 40) are all granted, and it is further ORDERED, that the Clerk shall revise the caption to reflect only the remaining parties. _s/Richard J. Arcara____________ HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT COURT Dated: March 15, 2019 2

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