Roberts v. Fresenius Kabi USA LLC, No. 1:2014cv00369 - Document 50 (W.D.N.Y. 2018)

Court Description: DECISION AND ORDER adopting Magistrate Judge Leslie G. Foschio's Report and Recommendation 41 . Defendant's 34 motion for summary judgment pursuant to Fed. R. Civ. P. 56 is granted. The Clerk of the Court shall enter judgment in favor of the defendant and close the case. SO ORDERED. Signed by Hon. Richard J. Arcara on 10/19/2018. (LAS)-CLERK TO FOLLOW UP-

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Roberts v. Fresenius Kabi USA LLC Doc. 50 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK JOHN ROBERTS, Plaintiff, DECISION AND ORDER 14-CV-369-A v. FRESENIUS KABI USA LLC, Defendant. This case was referred to Magistrate Judge Leslie G. Foschio pursuant to 28 U.S.C. § 636(b)(1) for the conduct of the pretrial proceedings. On July 17, 2017, the Magistrate Judge filed a Report and Recommendation (Dkt. No. 41) recommending that defendant Fresenius Kabi’s motion for summary judgment pursuant to Fed. R. Civ. P. 56 (Dkt. No. 34) be granted because no material issues of fact require a trial. On August 31, 2017, plaintiff John Roberts filed objections to the Report and Recommendation. Dkt. No. 47. Defendant Fresenius Kabi filed a timely response (Dkt. No. 49). Oral argument is unnecessary. 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 objections have been made. Upon de novo review, and after considering the parties’ arguments, the Court hereby adopts the Magistrate Judge’s recommended findings and conclusions. Based upon the undisputed material facts, no reasonable jury could find for the plaintiff as a matter of law. Accordingly, defendant Fresenius Kabi’s motion for Dockets.Justia.com summary judgment pursuant to Fed. R. Civ. P. 56 is granted. The Clerk shall enter Judgment in favor of the defendant, Fresenius Kabi USA LLC, and shall close the case. IT IS SO ORDERED. ____Richard J. Arcara____________ HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT COURT Dated: October 19, 2018 2

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