UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
October 11, 2012
UNITED STATES OF AMERICA,
CARLO J. NAPPI, DEFENDANT.
The opinion of the court was delivered by: Honorable Richard J. Arcara United States District Judge
The above-referenced case was referred to Magistrate Judge Hugh B. Scott, pursuant to 28 U.S.C. § 636(b)(1)(B). On September 20, 2012, Magistrate Judge Scott filed a Report and Recommendation, recommending that defendant's motion to dismiss  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 Scott 's Report and Recommendation, defendant's motion to dismiss is denied.
The parties shall appear for a meeting to set a trial date on October 15, 2012 at 12:30 p.m.
Richard J. Arcar a
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