Thuman v. Dembski et al, No. 1:2013cv01087 - Document 108 (W.D.N.Y. 2021)
Court Description: DECISION AND ORDER adopting Magistrate Judge Leslie G. Foschio's 97 Report and Recommendation. Plaintiff's 88 motion for partial summary judgment is granted with respect to the claim asserted against Timothy S. Dembski. The matter is recommitted to Magistrate Judge Foschio for further proceedings with respect to the issue of damages. SO ORDERED. Signed by Hon. Richard J. Arcara on 5/10/2021. (LAS)
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Thuman v. Dembski et al Doc. 108 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK GREGORY J. THUMAN, Plaintiff, DECISION AND ORDER 13-CV-1087-A v. TIMOTHY S. DEMBSKI, SCOTT M. STEPHAN, PRESTIGE WEALTH MANAGEMENT FUND, LP, PRESTIGE WEALTH MANAGEMENT, LLC, and MID-ATLANTIC CAPITAL CORPORATION, Defendants. This case was referred to Magistrate Judge Leslie G. Foschio pursuant to 28 U.S.C. ' 636(b)(1) for the conduct of pretrial proceedings. On May 5, 2020, Magistrate Judge Foschio filed a Report and Recommendation and Decision and Order (Dkt. No. 97), recommending that plaintiff Gregory J. Thuman’s motion for partial summary judgment (Dkt. No. 88) be granted with respect to the claims asserted against defendant Timothy S. Dembski. On June 18, 2020, defendant Dembski filed objections to the Report and Recommendation. Dkt. No. 103. Plaintiff filed a response on July 9, 2020 (Dkt. No. 106), and no reply papers were filed. The matter was deemed submitted. Pursuant to 28 U.S.C. '636(b)(1), the Court makes a de novo determination of those portions of the Report and Recommendation to which Dockets.Justia.com objections have been made. Upon de novo review, and for the reasons stated in the Report and Recommendation, the Court adopts the conclusion in the Report and Recommendation, and it is hereby ORDERED that plaintiff’s motion (Dkt. No. 88) is granted with summary judgment granted on the claims asserted against defendant Timothy S. Dembski. This matter is recommitted to Magistrate Judge Leslie G. Foschio for pursuant to the terms of the existing referral order for further proceedings with respect to the issue of damages. IT IS SO ORDERED. __s/Richard J. Arcara______ HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT COURT Dated: May 10, 2021 2
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