-HBS Kandey Company, Inc. v. Barbera Utility Contracting, Inc. et al, No. 1:2011cv00480 - Document 13 (W.D.N.Y. 2011)

Court Description: DECISION AND ORDER adopting Report and Recommendation and approving joint stipulation consolidating case with 11-CV-478 and closing 11-CV-480.Clerk of Court to close case. Signed by Hon. Richard J. Arcara on 9/19/2011. (JMB)

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UNITED STATES DISTRICT COURT W ESTERN DISTRICT OF NEW YORK KANDEY COMPANY, INC., Plaintiff, DECISION AND ORDER 11-CV-478A 11-CV-480A v. LEO A. BARBERA, BARBERA UTILITY CONTRACTING, INC. d/b/a HORIZONTAL HOLES, and HORIZONTAL EQUIPMENT AND MANUFACTURING, INC., Defendants. On August 23, 2011, the parties in Case Nos. 11-CV-478 and 11-CV-480 filed a joint stipulation in each respective docket to consolidate the cases under Case No. 11-CV-478 and to amend the caption of that case. On August 29, 2011, Magistrate Judge Hugh B. Scott issued a Report and Recommendation in each case recommending acceptance of the stipulation. No objections were filed in either case. After reviewing the joint stipulation and pursuant to 28 U.S.C. ยง 636(b)(1), the Court adopts each Report and Recommendation and approves the joint stipulation. The Clerk of the Court is directed to complete an administrative closing of Case No. 11-CV-480, as that case now has been consolidated with Case No. 11-CV-478. All subsequent filings shall occur in Case No. 11-CV-478 only. The Clerk of the Court shall conform the caption of Case No. 11-CV-478 to the caption listed above. SO ORDERED. s/ Richard J. Arcara HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT JUDGE DATED: September 19, 2011 2

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