DUNSHIE v. DICK'S SPORTING GOODS

No. 09-CV-00070(A)(M).

JAMES DUNSHIE, Plaintiff, v. DICK'S SPORTING GOODS, EBSCO INDUSTRIES, INC., PLASTICS RESEARCH DEVELOPMENT CORP., and SUMMIT TREESTANDS, LLC, Defendants.

United States District Court, W.D. New York.

January 6, 2012.


Attorney(s) appearing for the Case

James Dunshie, Plaintiff, represented by Philip L. Rimmler, Paul William Beltz, P.C..

Dick's Sporting Goods Inc., Defendant, represented by Barry B. Sutton, Clark Hill PLC. Pro Hac Vice.

Dick's Sporting Goods Inc., Defendant, represented by James Ryan White, Harris Beach LLP.

Dick's Sporting Goods Inc., Defendant, represented by John R. Prew, Harvey Kruse, P.C..

Dick's Sporting Goods Inc., Defendant, represented by Milton S. Karfis, Clark Hill PLC.

EBSCO Industries, Inc., Defendant, represented by James Ryan White, Harris Beach LLP.

EBSCO Industries, Inc., Defendant, represented by Barry B. Sutton, Clark Hill PLC, Pro Hac Vice.

EBSCO Industries, Inc., Defendant, represented by Milton S. Karfis, Clark Hill PLC.

Plastics Research Development Corporation, Defendant, represented by James Ryan White.

Plastics Research Development Corporation, Defendant, represented by Barry B. Sutton, Clark Hill PLC, Pro Hac Vice.

Plastics Research Development Corporation, Defendant, represented by Milton S. Karfis, Clark Hill PLC.

Summit Treestands, LLC, Defendant, represented by James Ryan White, Harris Beach LLP.

Summit Treestands, LLC, Defendant, represented by Barry B. Sutton, Clark Hill PLC, Pro Hac Vice.

Summit Treestands, LLC, Defendant, represented by Milton S. Karfis, Clark Hill PLC.

Dick's Sporting Goods Inc., Cross Claimant, represented by Barry B. Sutton, Clark Hill PLC, Pro Hac Vice.

Dick's Sporting Goods Inc., Cross Claimant, represented by James Ryan White, Harris Beach LLP.

Dick's Sporting Goods Inc., Cross Claimant, represented by John R. Prew, Harvey Kruse, P.C..

Dick's Sporting Goods Inc., Cross Claimant, represented by Milton S. Karfis, Clark Hill PLC.

EBSCO Industries, Inc., Cross Defendant, represented by James Ryan White, Harris Beach LLP.

EBSCO Industries, Inc., Cross Defendant, represented by Barry B. Sutton, Clark Hill PLC.

EBSCO Industries, Inc., Cross Defendant, represented by Milton S. Karfis, Clark Hill PLC.

Plastics Research Development Corporation, Cross Defendant, represented by James Ryan White, Harris Beach LLP.

Plastics Research Development Corporation, Cross Defendant, represented by Barry B. Sutton, Clark Hill PLC. Pro Hac Vice.

Plastics Research Development Corporation, Cross Defendant, represented by Milton S. Karfis, Clark Hill PLC.

Summit Treestands, LLC, Cross Defendant, represented by James Ryan White, Harris Beach LLP.

Summit Treestands, LLC, Cross Defendant, represented by Barry B. Sutton, Clark Hill PLC, Pro Hac Vice.

Summit Treestands, LLC, Cross Defendant, represented by Milton S. Karfis, Clark Hill PLC.

Dick's Sporting Goods Inc., Cross Claimant, represented by Barry B. Sutton, Clark Hill PLC, Pro Hac Vice.

Dick's Sporting Goods Inc., Cross Claimant, represented by James Ryan White, Harris Beach LLP.

Dick's Sporting Goods Inc., Cross Claimant, represented by John R. Prew, Harvey Kruse, P.C..

Dick's Sporting Goods Inc., Cross Claimant, represented by Milton S. Karfis, Clark Hill PLC.

Dick's Sporting Goods Inc., Cross Defendant, represented by Barry B. Sutton, Clark Hill PLC, Pro Hac Vice.

Dick's Sporting Goods Inc., Cross Defendant, represented by James Ryan White, Harris Beach LLP.

Dick's Sporting Goods Inc., Cross Defendant, represented by John R. Prew, Harvey Kruse, P.C..

Dick's Sporting Goods Inc., Cross Defendant, represented by Milton S. Karfis, Clark Hill PLC.

Dick's Sporting Goods Inc., Cross Claimant, represented by Barry B. Sutton, Clark Hill PLC, Pro Hac Vice.

Dick's Sporting Goods Inc., Cross Claimant, represented by James Ryan White, Harris Beach LLP.

Dick's Sporting Goods Inc., Cross Claimant, represented by John R. Prew, Harvey Kruse, P.C..

Dick's Sporting Goods Inc., Cross Claimant, represented by Milton S. Karfis, Clark Hill PLC.

Dick's Sporting Goods Inc., Cross Defendant, represented by Barry B. Sutton, Clark Hill PLC, Pro Hac Vice.

Dick's Sporting Goods Inc., Cross Defendant, represented by James Ryan White, Harris Beach LLP.

Dick's Sporting Goods Inc., Cross Defendant, represented by John R. Prew, Harvey Kruse, P.C..

Dick's Sporting Goods Inc., Cross Defendant, represented by Milton S. Karfis, Clark Hill PLC.


REPORT AND RECOMMENDATION

JEREMIAH J. MCCARTHY, Magistrate Judge.

Before me is defendants' motion for summary judgment [50].1 That motion, being dispositive, has been referred to me by Hon. Richard J. Arcara for preparation of a Report and Recommendation [6]. Oral argument was held on October 24, 2011 [63]. For the following reasons, I recommend that the motion be granted.

BACKGROUND

Plaintiff commenced this...

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