Field et al v. Tonawanda City School District

Filing 38

ORDER granting 19 Motion to Dismiss; adopting Report and Recommendation 30 .. Clerk of Court to close case. Signed by Hon. Richard J. Arcara on 3/4/2009. (JMB)

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UNITED STATES DISTRICT COURT W E S T E R N DISTRICT OF NEW YORK C A R O L FIELD and ERIN MANCUSO Plaintiffs, v. ORDER 07-CV-241 TONAWANDA CITY SCHOOL DISTRICT D e fe n d a n t. T h is case was referred to Magistrate Judge Leslie G. Foschio, pursuant to 2 8 U.S.C. 636(b)(1), on May 30, 2007. On October 1, 2007, defendant filed a m o tio n for judgment on the pleadings and summary judgment. On November 26, 2 0 0 8 , Magistrate Judge Foschio filed a Report and Recommendation, re c o m m e n d in g that defendant's motion directed to Plaintiffs' Age Discrimination in E m p lo ym e n t Act of 1967 ("ADEA") claims and New York State Human Rights L a w ("NYHRL") claims should be granted and, alternatively, that defendant's m o tio n directed to Plaintiffs' ADEA claims should be granted and plaintiffs' N Y H R L claims should be dismissed. P la in tiff filed objections to the Report and Recommendation on January 5, 2 0 0 9 and defendants filed a response thereto. Oral argument on the objections w a s held on February 27, 2009. P u rs u a n t to 28 U.S.C. 636(b)(1), this Court must make a de novo d e te r m in a tio n of those portions of the Report and Recommendation to which o b je c tio n s have been made. Upon a de novo review of the Report and R e c o m m e n d a tio n , and after reviewing the submissions and hearing argument fro m the parties, the Court adopts the proposed findings of the Report and R e c o m m e n d a t io n . Accordingly, for the reasons set forth in Magistrate Judge Foschio's Report a n d Recommendation, defendant's motion for summary judgment is granted as to p la in tiff's ADEA and NYHRL claims. T h e Clerk of Court shall take all steps necessary to close the case. SO ORDERED. s/ Richard J. Arcara HONORABLE RICHARD J. ARCARA CHIEF JUDGE UNITED STATES DISTRICT COURT DATED: March 4, 2009 2

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