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REYNOLDS v. MERCY HOSP.

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK


August 24, 1994

MARIE S. REYNOLDS, Individually and as Executrix of the Estate of LESTER J. REYNOLDS, Plaintiff,
v.
MERCY HOSPITAL, MILLARD FILLMORE HOSPITAL, RONALD BASALYGA, M.D., MEDICAL ASSOCIATES OF HAMBURG, P.C., ROSS GUARINO, M.D., JANERIO ALDRIDGE, M.D., and CARDIO-THORACIC ASSOCIATES OF WESTERN NEW YORK, P.C., Defendants.

HONORABLE RICHARD J. ARCARA, UNITED STATES DISTRICT JUDGE

The opinion of the court was delivered by: RICHARD J. ARCARA

ORDER

The above-referenced case was referred to Magistrate Judge Leslie G. Foschio, pursuant to 28 U.S.C. § 636(b)(1)(B) on March 21, 1991. On July 29, 1994, Magistrate Judge Foschio filed a Report and Recommendation recommending that defendants' motions for dismissal/summary judgment be granted, that the Court decline to exercise supplemental jurisdiction over the asserted pendent state claims against defendants, and that plaintiff's state claims against all defendants be dismissed.

 The Court having carefully reviewed the Report and Recommendation, as well as 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' motions for dismissal/summary judgment are granted. Further, the Court declines to exercise supplemental jurisdiction over the asserted pendent state claims against defendants. Accordingly, the Court dismisses plaintiff's state claims against all defendants and dismisses the case in its entirety.

 IT IS SO ORDERED.

 HONORABLE RICHARD J. ARCARA

 UNITED STATES DISTRICT COURT

 Dated: August 24, 1994 {F. Supp. n} one

 [EDITOR'S NOTE: The following court-provided text does not appear at this cite in 861 F. Supp. 214]

 JUDGMENT IN A CIVIL CASE - August 26, 1994, Filed

 Decision by Court. This action came to hearing before the court. The issues have been heard and a decision has been rendered.

 IT IS ORDERED AND ADJUDGED that defendants' motions for dismissal/summary judgment are granted. Court dismisses plaintiff's state claims against all defendants and dismisses the case in its entirety.

 August 26, 1994

 Date

19940824

© 1992-2004 VersusLaw Inc.



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