UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
August 5, 2010
ONE BEACON INSURANCE COMPANY PLAINTIFF
JOHN R. FREUNDSCHUH D/B/A BOBCAT OF BUFFALO, DEFENDANT.
The opinion of the court was delivered by: Honorable Richard J. Arcara United States District Judge
This case was referred to Magistrate Judge H. Kenneth Schroeder, Jr., pursuant to 28 U.S.C. § 636(b)(1)(A). Plaintiff filed a motion for judgment on the pleadings with respect to defendant's third counterclaim and defendant filed a motion to amend its third counterclaim. On May 21, 2010, Magistrate Judge Schroeder filed a Report and Recommendation, recommending that plaintiff's motion for judgment on the pleadings dismissing the original third counterclaim be granted and defendant's motion to amend/correct the third counterclaim be denied.
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 Schroeder's Report and Recommendation, plaintiff's motion for judgment on the pleadings dismissing the original third counterclaim is granted and defendant's motion to amend/correct the third counterclaim is denied. This case is referred back to Magistrate Judge Schroeder for further proceedings.
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