Opinion
No. 09-CV-626A.
November 9, 2009.
James John Nash, Cohen Lombardo, P.C., Buffalo, NY, for Plaintiff.
Michael Pilarz, Law Offices of Michael Pilarz, Buffalo, NY, for Defendant.
ORDER
The above-referenced case was referred to Magistrate Judge Hugh B. Scott, pursuant to 28 U.S.C. § 636(b)(1)(B). On October 15, 2009, Magistrate Judge Scott filed a Report and Recommendation, recommending that defendant's motion to dismiss be granted.
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 granted. Defendant's motion to amend the answer (Dkt. No. 21) is denied. The Clerk of Court shall take all steps necessary to close the case.