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07-4411 - Bronx Grate & Grille v. Deleon


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07-4411 - Bronx Grate & Grille v. Deleon
November 24, 2008
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ORDER ADOPTING REPORT AND RECOMMENDATIONS: On 9/15/08, Magistrate Judge James Orenstein recommended that the Court deny plaintiff Bronx Grate & Grille's motion for a default judgment; dismiss the Third Cause of Action (asserting a violation of the RICO Act) sua sponte and with prejudice for failure to state a claim; and decline to exercise supplemental jurisdiction on the remaining claims. Judge Orenstein further recommended that, as a result of the above recommendations, the Court should dismiss plaintiff's complaint in its entirety without leave to amend. Objections to this Report & Recommendation were due on 10/6/08. NO objections have been filed. The Court therefore adopts Magistrate Judge Orenstein's Report & Recommendation in its entirety. Forwarded for judgment. Ordered by Chief Judge Raymond J. Dearie on 11/19/08. (Chee, Alvin)