UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
August 24, 2007
KIEWIT CONSTRUCTORS, INC., PLAINTIFF,
FRANBILT, INC., MICHAEL BURNS, THOMAS BARNES, AND FIRST NIAGARA BANK, DEFENDANTS.
The opinion of the court was delivered by: Honorable Richard J. Arcara Chief Judge United States District Court
The above-referenced case was referred to Magistrate Judge Jeremiah J. McCarthy, pursuant to 28 U.S.C. § 636(b)(1)(B). On July 13, 2007, Magistrate Judge McCarthy filed a Report and Recommendation, recommending that defendant First Niagara Bank's motion to dismiss the complaint for failure to state a cause of action be denied to the extent that it seeks dismissal of the complaint.
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 McCarthy's Report and Recommendation, defendant First Niagara's motion is denied to the extent that it seeks dismissal of the complaint for failure to state a cause of action.
This case is referred back to Magistrate Judge McCarthy for further proceedings.
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