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Sean M. Trapper, Michael Trapper and Cynthia Trapper v. Credit Collection Services

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


October 26, 2011

SEAN M. TRAPPER, MICHAEL TRAPPER AND CYNTHIA TRAPPER, PLAINTIFFS,
v.
CREDIT COLLECTION SERVICES, INC. AND AFFILIATED COMPUTER SERVICES, INC., DEFENDANTS.

The opinion of the court was delivered by: Honorable Richard J. Arcara United States District Judge

ORDER

This case was referred to Magistrate Judge Jeremiah J. McCarthy, pursuant to 28 U.S.C. § 636(b)(1). On January 26, 2011, defendant Credit Control Services, Inc. filed a motion to dismiss. On August 31, 2011, Magistrate Judge McCarthy filed a Report and Recommendation, recommending that the motion to dismiss be granted.

Plaintiffs filed objections to the Report and Recommendation on September 11, 2011. Defendant filed a response thereto on September 16, 2011. Oral argument on the objections was held on October 21, 2011.

Pursuant to 28 U.S.C. § 636(b)(1), this Court must make a de novo determination of those portions of the Report and Recommendation to which objections have been made. Upon a de novo review of the Report and Recommendation, and after reviewing the submissions and hearing argument from the parties, the Court adopts the proposed findings of the Report and Recommendation.

Accordingly, for the reasons set forth in Magistrate Judge McCarthy's Report and Recommendation, defendant Credit Control Services Inc.'s motion to dismiss is granted. The case is referred back to Magistrate Judge McCarthy for further proceedings.

SO ORDERED.

Richard J. Arcar a

20111026

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