Laughlin-Denecke v. ITT Educational Services, Inc.

Filing 59

ORDER granting 32 Motion for Summary Judgment; adopting Report and Recommendation re 48 Clerk of Court to close case. Signed by Hon. Richard J. Arcara on 3/23/2011. (JMB)

Laughlin-Denecke v. ITT Educational Services, Inc.

Doc. 59

UNITED STATES DISTRICT COURT W ESTERN DISTRICT OF NEW YORK

JENNIFER LAUGHLIN-DENECKE,

Plaintiff, v. ORDER 07-CV-745

ITT EDUCATIONAL SERVICES, INC., Defendant.

This case was referred to Magistrate Judge H. Kenneth Schroeder, Jr. pursuant to 28 U.S.C. § 636(b)(1). Defendant filed a motion for summary

judgment dismissing the complaint in its entirety. On December 7, 2010, Magistrate Judge Schroeder filed a Report and Recommendation, recommending that defendant's motion for summary judgment be granted. Plaintiff filed objections to the Report and Recommendation and defendant filed a response thereto. Oral argument on the objections was held on March 8, 2011. 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 and hearing argument

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from the parties, the Court adopts the proposed findings of the Report and Recommendation. Accordingly, for the reasons set forth in Magistrate Judge Schroeder's Report and Recommendation, defendant's motion for summary judgment is granted. The Clerk of Court shall take all steps necessary to close the case. SO ORDERED.

s/ Richard J. Arcara
HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT JUDGE DATED: March 24, 2011

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