Coon v. Shea et al

Filing 43

ORDER ADOPTING 30 REPORT AND RECOMMENDATION in part; denying 24 Motion for Reconsideration ; denying 25 Application for Clerk's Entry of Default ; denying 17 Motion for Declaratory Judgment; denying 21 Motion to Dismiss;. the serv ice of process issues raised are now moot as the Defendants have waived service. In addition, the consolidation recommendation is also moot as judgment was entered 10/3/2014 in the matter of Coon v. Southwestern Vermont Medical Center, No. 2:13-cv-182 and the case is closed. Signed by Judge William K. Sessions III on 11/12/2014. (law)

UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF VERMONT
Donald J. Coon,
Petitioner,
v.
Mark Shea, Shea Family Funeral
Homes, Washington County
New York Surrogate’s Clerk’s
Office, Ted Wilson, Barbara
Smith, Jane Doe, Clerk,
Respondent.

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ORDER
The Report and Recommendation of the United State
Magistrate Judge was filed September 5, 2014.

Plaintiff’s

responses were filed September 11, 2014, October 3, 2014 and
October 6, 2014.

Defendants filed responses on October 1, 2014

and October 7, 2014.
A district judge must make a de novo determination of
those portions of a magistrate judge's report and
recommendation to which an objection is made.

Fed. R. Civ. P.

72(b); 28 U.S.C. § 636(b) (1); Perez-Rubio v. Wyckoff, 718
F.Supp. 217, 227 (S.D.N.Y. 1989).

The district judge may

"accept, reject, or modify, in whole or in part, the
magistrate's proposed findings and recommendations."

Id.

After careful review of the file, the Magistrate Judge's
Report and Recommendation and the objections, this

Court ADOPTS the Magistrate Judge's recommendation in part.
IT IS HEREBY ORDERED that Plaintiff’s motions seeking
default (Doc. 17, 24, 25) are DENIED.

It is also ORDERED that

the Defendant’s Motion to Dismiss (Doc. 21) is DENIED.

The

service of process issues raised are now moot as the Defendants
have waived service.

In addition, the consolidation

recommendation is also moot as judgment was entered on October
3, 2014 in the matter of Coon v. Southwestern Vermont Medical
Center, No. 2:13-cv-182 and the case is closed.
Dated at Burlington, in the District of Vermont, this 12th
day of November, 2014.

/s/ William K. Sessions III
William K. Sessions III
District Court Judge