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Stark v. Maserati North America

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


November 23, 2010

ROBERT STARK, PLAINTIFF,
v.
MASERATI NORTH AMERICA, INC., AND FERRARI-MASERATI OF LONG ISLAND, DEFENDANTS.

The opinion of the court was delivered by: Seybert, District Judge

ORDER ADOPTING REPORT AND RECOMMENDATION

Magistrate Judge E. Thomas Boyle issued a Report and Recommendation ("R&R") on October 13, 2010, in which he recommended that the Court grant Defendants' unopposed motion to dismiss for lack of subject matter jurisdiction because Plaintiff is not a "consumer" within the meaning of the Magnuson-Moss Warranty Act.

15 U.S.C. § 2301 et seq. As part of the R&R, Judge Boyle warned that any objections were to be filed with the Clerk of the Court within fourteen (14) days of service. The time for filing objections has expired, and no party has objected. Accordingly, all objections are hereby deemed to have been waived.

Upon careful review and consideration, the Court ADOPTS the R&R in its entirety. Accordingly, Plaintiff's Complaint is DISMISSED with prejudice and the Clerk of the Court is directed to mark this matter CLOSED.

SO ORDERED.

JOANNA SEYBERT U.S.D.J.

20101123

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