Roy v. Buffalo Philharmonic Orchestra

Filing 25

-CLERK TO FOLLOW UP-DECISION AND ORDER adopting Magistrate Judge Leslie G. Foschio's Report and Recommendation 15 . Defendant's motion to dismiss 5 is granted. The Clerk shall take all steps necessary to close the case. SO ORDERED. Signed by Hon. Richard J. Arcara on 8/8/16. (LAS)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

PIERRE ROY,
Plaintiff,
v.

DECISION AND ORDER
15-CV–0771-A

BUFFALO PHILHARMONIC ORCHESTRA,
Defendant.

This case of alleged disability discrimination and retaliation under the Americans
with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., was referred to Magistrate
Judge H. Kenneth Schroeder, Jr., pursuant to 28 U.S.C. § 636(b)(1) for the conduct of
pretrial proceedings. On May 13, 2016, Magistrate Judge Schroeder filed a Report and
Recommendation (Dkt. No. 15) that recommends that defendant’s motion to dismiss
pursuant to Fed. R. Civ. P. 12(b)(6) (Dkt. No. 5) be granted on the ground that the
action was untimely filed.
On May 25, 2016, the Plaintiff, Pierre Roy, who is appearing pro se, filed
objections to the Report and Recommendation. Dkt. No. 16. Defendant Buffalo
Philharmonic Orchestra filed a response to the objections on June 7, 2016. Dkt. No.
19. The Plaintiff filed a reply on August 2, 2016.
The Court has carefully reviewed the Report and Recommendation, the parties’
submissions, and the pleadings. Upon de novo review pursuant to 28 U.S.C.
§ 636(b)(1), the Court adopts the Report and Recommendation (Dkt. No. 15), and
grants the motion to dismiss for the reasons stated by Magistrate Judge Schroeder.
The Clerk shall enter judgment for Defendant Buffalo Philharmonic Orchestra, and shall

close the case.
SO ORDERED.

____Richard J. Arcara____________
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT COURT
Dated: August 8, 2016

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