United States District Court, W.D. New York
January 26, 2004.
DAVID GWYNN, Plaintiff
WILLIAM CLUBINE, JOHN CLUBINE, MICHAEL BRUNET, KIRK HOCHREIN, and ELIO SCARPONI, Defendants WILLIAM CLUBINE, JOHN CLUBINE, MICHAEL BRUNET, KIRK HOCHREIN, and ELIO SCARPONE, Plaintiffs v. DAVID GWYNN, Defendant
The opinion of the court was delivered by: RICHARD ARCARA, District Judge
The above-referenced cases were referred to Magistrate Judge Leslie
G. Foschio pursuant to 28 U.S.C. § 636(b)(1)(B), on March 8, 2002 and
September 20, 2002, respectively. On December 24, 2003, Magistrate Judge
Foschio filed a Report and Recommendation, recommending that plaintiff
Gwynn's petition to vacate the arbitration award should be denied, that
claimants' petition to confirm the arbitration award should be granted,
and that the Clerk of Court be directed to close both cases.
The Court has carefully reviewed the Report and Recommendation, the
record in this case, and the pleadings and materials submitted by the
parties. 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, Gwynn's petition to vacate the arbitration award is
denied and claimants' petition to confirm the arbitration award is
granted. The Clerk of Court is directed to take all steps necessary to
close both cases.
IT IS SO ORDERED.
© 1992-2004 VersusLaw Inc.