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Burke v. MFC Construction Co.

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


February 20, 2007

THOMAS BURKE, ET AL., PLAINTIFFS,
v.
MFC CONSTRUCTION CO., M. FALGIANO CONSTRUCTION CO., DEFENDANTS.

The opinion of the court was delivered by: Honorable Richard J. Arcara Chief Judge United States District Court

ORDER

The above-referenced case was referred to Magistrate Judge Hugh B Scott, pursuant to 28 U.S.C. § 636(b)(1)(B). On January 29, 2007, Magistrate Judge Scott filed a Report and Recommendation, recommending that plaintiff's motion for default judgment against defendant M. Falgiano Construction Co should be granted and plaintiffs' summary judgment motion against defendant MFC Construction Co. be granted as to the interim payment liability.

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 Scott's Report and Recommendation, plaintiff's motion for default judgment against defendant M. Falgiano Construction Co. is granted and plaintiffs' summary judgment motion against defendant MFC Construction Co. is granted as to the interim payment liability.

The Clerk of Court shall take all steps necessary to close the case.

SO ORDERED.

20070220

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