UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
January 12, 2011
RUSSELL VAN BROCKLEN, PLAINTIFF,
DR. DHAM GUPTA, DEFENDANT.
The opinion of the court was delivered by: Honorable Richard J. Arcara United States District Judge
This case was referred to Magistrate Judge Jeremiah J. McCarthy, pursuant to 28 U.S.C. § 636(b)(1)(A). Defendant filed a motion to dismiss the Amended Complaint and plaintiff filed a motion for partial summary judgment. On November 23, 2010, Magistrate Judge McCarthy filed a Report and Recommendation, recommending that both motions 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*fn1 , 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, both plaintiff's and defendant's motions are denied.
This case is referred back to Magistrate Judge McCarthy for further proceedings.
Richard J. Arcar a