McKenney v. National Rural Letter Carriers Association et al

Filing 23

ORDER denying 4 Motion to Dismiss; denying 5 Motion to Dismiss for Lack of Jurisdiction; adopting Report and Recommendations re 22 Report and Recommendations. Case is referred back to Magistrate Judge Schroeder. Signed by Hon. Richard J. Arcara on 4/2/2009. (JMB)

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UNITED STATES DISTRICT COURT W ESTERN DISTRICT OF NEW YORK SUSAN MCKENNEY, Plaintiff, ORDER 07-CV-584A v. NATIONAL RURAL LETTER CARRIERS ASSOCIATION, et al., Defendants. The above-referenced case was referred to Magistrate Judge H. Kenneth S c h ro e d e r, Jr., pursuant to 28 U.S.C. 636(b)(1)(B). On March 12, 2009, Magistrate Judge Schroeder filed a Report and Recommendation, recommending that defendants' motions to dismiss be denied without prejudice. 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 Schroeder's Report and Recommendation, defendants' motions to dismiss are denied without prejudice. The case is referred back to Magistrate Judge Schroeder for further proceedings. SO ORDERED. s/ Richard J. Arcara HONORABLE RICHARD J. ARCARA CHIEF JUDGE UNITED STATES DISTRICT COURT DATED: April 2, 2009

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