Lolonga-Gedeon v. Child & Family Services

Filing 136

DECISION AND ORDER affirming Magistrate Judge's decision and order granting defendant's motion for sanctions. Case is referred back to Magistrate Judge for further proceedings. Signed by Hon. Richard J. Arcara on 1/3/2012. (JMB)

UNITED STATES DISTRICT COURT
W ESTERN DISTRICT OF NEW YORK

ROSALIE LOLONGA-GEDEON,
Plaintiff,
DECISION AND ORDER
08-CV-300A
v.

CHILD & FAMILY SERVICES,
Defendant.

This case was referred to Magistrate Judge Leslie G. Foschio,
pursuant to 28 U.S.C. § 636(b)(1). On August 26, 2011, defendant filed a motion
(Dkt. No. 95) for sanctions under Rule 37 of the Federal Rules of Civil Procedure.
On October 17, 2011, Magistrate Judge Foschio issued a Decision and Order
(Dkt. No. 100) granting defendant’s motion.
Plaintiff filed objections to the Decision and Order on November 7, 2011
(Dkt. No. 106). Although the Court set a schedule for a response and reply
concerning the objections (Dkt. No. 108), the parties filed no additional papers.
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)(A), the district court “may reconsider any
pretrial matter under this [section] where it has been shown that the magistrate
judge’s order is clearly erroneous or contrary to law.” The Court has reviewed

plaintiff’s objections and Magistrate Judge Foschio’s Decision and Order. Upon
such review, the Court finds that Magistrate Judge Foschio’s Decision and Order
is neither clearly erroneous nor contrary to law.
Accordingly, the Court affirms the Decision and Order.
This 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: January 3

, 2012

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