Brown v. PLP, II et al

Filing 75

DECISION AND ORDER denying 43 Motion for Summary Judgment; adopting Report and Recommendation re 62 . Signed by Hon. Richard J. Arcara on 9/12/2011. (JMB)

UNITED STATES DISTRICT COURT
W ESTERN DISTRICT OF NEW YORK

BARBARA BROW N,
Plaintiff,
DECISION AND ORDER
07-CV-312A
v.

PLP, II, and
JOSEPH D. PALERMO,
Defendants.

The above-referenced case was referred to Magistrate Judge H. Kenneth
Schroeder, Jr., pursuant to 28 U.S.C. § 636(b)(1). On June 9, 2011, Magistrate
Judge Schroeder filed a Report and Recommendation (Dkt. No. 62),
recommending that defendants’ motion for summary judgment be denied.
Defendants filed objections to the Report and Recommendation on July 25,
2011. Plaintiff filed a response to defendants’ objections on August 9, 2011.
Defendants filed reply papers on August 15, 2011. The Court has deemed the
matter submitted on papers pursuant to Rule 78(b) of the Federal Rules of Civil
Procedure.
Pursuant to 28 U.S.C. § 636(b)(1), this Court must make a de novo
determination of those portions of the Report and Recommendation to which
objections have been made. Upon a de novo review of the Report and

Recommendation, and after reviewing the submissions, the Court adopts the
proposed findings of the Report and Recommendation.
Accordingly, and for the reasons set forth in Magistrate Judge Schroeder’s
Report and Recommendation, defendants’ motion for summary judgment (Dkt.
No. 43) is denied.
The parties are directed to appear before the Court on Friday, September
23, 2011 at 9:00 a.m. for a status conference to set a trial date.
SO ORDERED.

s/ Richard J. Arcara
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT JUDGE
DATED:September 12, 2011

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