Clayson v. Rubin & Rothman, LLC

Filing 18

ORDER denying 11 Motion for Summary Judgment; adopting Report and Recommendation re 17 . Case is referred back to Magistrate Judge Foschio for further proceedings. Signed by Hon. Richard J. Arcara on 2/11/2010. (JMB)

UNITED STATES DISTRICT COURT W ESTERN DISTRICT OF NEW YORK

ANGELA CLAYSON, Plaintiff, ORDER 08-CV-0066A

v. RUBIN & ROTHMAN, LLC, Defendant.

The above-referenced case was referred to Magistrate Judge Leslie G. F o s c h io , pursuant to 28 U.S.C. § 636(b)(1)(B). On January 20, 2010, Magistrate Judge Foschio filed a Report and Recommendation, recommending that defendant's motion for summary judgment be denied. 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 Foschio 's Report and Recommendation, defendant's motion for summary judgment is denied. The case is referred back to Magistrate Judge Foschio for further proceedings. SO ORDERED.

s/ Richard J. Arcara
HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT JUDGE DATED:February 11, 2010