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GWYNN v. CLUBINE

United States District Court, W.D. New York


January 26, 2004.

DAVID GWYNN, Plaintiff
v.
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

ORDER

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.

20040126

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