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Kiewit Constructors, Inc. v. Franbuilt

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


December 14, 2007

KIEWIT CONSTRUCTORS, INC., PLAINTIFF,
v.
FRANBUILT, 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

ORDER

The above-referenced case was referred to Magistrate Judge Jeremiah J. McCarthy, pursuant to 28 U.S.C. § 636(b)(1)(B). On October 4, 2007, Magistrate Judge McCarthy filed a Report and Recommendation, recommending that plaintiff Kiewit Constructors, Inc.'s motion to dismiss the counterclaims of defendant Franbuilt, Inc. be granted insofar as it seeks to dismiss Franbuilt's counterclaims and the entry of a default judgment on liability against Franbilt, and otherwise be denied as being premature.

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, plaintiff Kiewit Constructors, Inc.'s motion to dismiss the counterclaims of defendant Franbuilt, Inc. is granted insofar as it seeks to dismiss Franbuilt's counterclaims and the entry of a default judgment on liability against Franbilt, and otherwise denied as being premature.

The case is referred back to Magistrate Judge McCarthy for further proceedings.

SO ORDERED.

20071214

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