Dingeldey v. VMI-EPE-HOLLAND B.V. et al, No. 1:2015cv00916 - Document 12 (W.D.N.Y. 2016)

Court Description: DECISION AND ORDER adopting Magistrate Judge Leslie G. Foschio's Report and Recommendation 11 . Defendants' motion to dismiss for lack of jurisdiction 3 is denied. The case is referred back to Magistrate Judge Foschio for further proceedings. SO ORDERED. Signed by Hon. Richard J. Arcara on 10/26/16. (LAS)

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Dingeldey v. VMI-EPE-HOLLAND B.V. et al Doc. 12 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK SCOTT DINGELDEY, Plaintiff, DECISION AND ORDER 15-CV-916A v. VMI-EPE-HOLLAND B.V. and VMI HOLLAND, B.V., Defendants. The above-referenced case was referred to Magistrate Judge Leslie G. Foschio, pursuant to 28 U.S.C. § 636(b)(1)(B). On September 28, 2016, Magistrate Judge Foschio filed a Report and Recommendation (Dkt. No. 11), recommending that defendants’ motion to dismiss for lack of jurisdiction (Dkt. No. 3) be denied. 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, defendants’ motion to dismiss for lack of jurisdiction is denied. 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: October 26, 2016

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