DELEO v. VEGNANI, No. 2:2021mc00212 - Document 5 (D. Me. 2021)

Court Description: ORDER AFFIRMING THE RECOMMENDED DECISION OF THE BANKRUPTCY JUDGE accepting 4 Report and Recommended Decision, dismissing as moot 1 Motion to Withdraw Reference By JUDGE JOHN A. WOODCOCK, JR. (CCS)

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DELEO v. VEGNANI Doc. 5 UNITED STATES DISTRICT COURT DISTRICT OF MAINE MICHAEL JAMES DELEO, Plaintiff, v. ANTHONY VEGNANI Defendant. ) ) ) ) ) ) ) ) ) ) 2:21-mc-00212-JAW ORDER AFFIRMING THE RECOMMENDED DECISION OF THE BANKRUPTCY JUDGE On September 30, 2021, the United States Bankruptcy Judge issued his Recommended Decision (ECF No. 4) on Defendant Anthony Vegnani’s Motion to Dismiss (Bankr. ECF No. 9). Plaintiff Michael J. Deleo did not file any objections by the October 14, 2021 response deadline, and the Recommended Decision was submitted to this Court on October 15, 2021. The Court reviewed and considered the Bankruptcy Judge’s Recommended Decision, together with the entire record; the Court has made a de novo determination of all matters adjudicated by the Bankruptcy Judge’s Recommended Decision on this dispositive matter; and the Court concurs with the recommendations of the United States Bankruptcy Judge for the reasons set forth in his Recommended Decision and determines that no further proceeding is necessary. With the affirmance of this Recommended Decision and the dismissal Dockets.Justia.com of the Amended Complaint, the Plaintiff’s Motion to Withdraw the Reference of a Matter Referred to Bankruptcy Court under 28 U.S.C. § 157(a) Pursuant to 28 U.S.C. § 157(d) (ECF No. 1) becomes moot and the Court dismisses it. 1. It is therefore ORDERED that the Recommended Decision of the Bankruptcy Judge (ECF No. 4) be and hereby is AFFIRMED. 2. It is further ORDERED that pursuant to Rule 12(b)(6) Defendant’s Motion to Dismiss (Bankr. ECF No. 9) be and hereby is GRANTED. 3. It is further ORDERED that Plaintiff’s Motion to Withdraw Reference (ECF No. 1) be and hereby is DISMISSED as moot. SO ORDERED. /s/ John A. Woodcock, Jr. JOHN A. WOODCOCK, JR. UNITED STATES DISTRICT JUDGE Dated this 28th day of October, 2021 2

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