County of Niagara et al v. Liberty Mutual Insurance Company et al, No. 1:2014cv00737 - Document 27 (W.D.N.Y. 2016)

Court Description: DECISION AND ORDER adopting Magistrate Judge Leslie G. Foschio's Report and Recommendation 22 . Plaintiff's motion to remand 9 is denied and insurance defendants' motion to dismiss 10 is dismissed as moot. The matter is referred back to Magistrate Judge Foschio for further proceedings. SO ORDERED. Signed by Hon. Richard J. Arcara on 6/14/16. (LAS)

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County of Niagara et al v. Liberty Mutual Insurance Company et al Doc. 27 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK COUNTY OF NIAGARA, Plaintiff, DECISION AND ORDER 14-CV-737A v. NETHERLANDS INSURANCE COMPANY, EXCELSIOR INSURANCE COMPANY, T.G.R. ENTERPRISE, INC. and MICHAEL LOMBARDO, Defendants. The above-referenced case was referred to Magistrate Judge Leslie G. Foschio, pursuant to 28 U.S.C. § 636(b)(1)(B). On May 24, 2016, Magistrate Judge Foschio filed a Report and Recommendation (Dkt. No. 22), recommending that plaintiff’s motion to remand (Dkt. No. 9) be denied and that insurance defendants’ motion to dismiss (Dkt. No. 10) be dismissed as moot. The Court has carefully reviewed the Report and Recommendation, the record in this case, and the pleadings and materials submitted by the parties, and no objections having been timely filed, it is hereby ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons set forth in Magistrate Judge Foschio’s Report and Recommendation, plaintiff’s motion to remand is denied and insurance defendants’ motion to dismiss is dismissed as moot. The case is referred back to Magistrate Judge Foschio for further proceedings. Dockets.Justia.com IT IS SO ORDERED. ____Richard J. Arcara____________ HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT COURT Dated: June 14, 2016

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