Lolonga-Gedeon v. Child & Family Services

Filing 24

ORDER denying 9 Motion for Summary Judgment; adopting Report and Recommendation re 21 . Case referred back to Magistrate Judge Foschio for further proceedings. Signed by Hon. Richard J. Arcara on 11/2/2009. (JMB)

UNITED STATES DISTRICT COURT W ESTERN DISTRICT OF NEW YORK

ROSALIE LOLONGA-GEDEON, Plaintiff, ORDER 08-CV-300A

v. CHILD & FAMILY SERVICES, Defendant.

The above-referenced case was referred to Magistrate Judge Leslie G. Foschio, pursuant to 28 U.S.C. § 636(b)(1)(B). On September 23, 2009, Magistrate Judge Foschio filed a Report and Recommendation, recommending that plaintiff's motion for summary judgment 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 Foschio's Report and Recommendation, plaintiff's motion for summary judgment is denied without prejudice to renew after discovery. The case is referred back to Magistrate Judge Foschio for further proceedings.

SO ORDERED.

s/ Richard J. Arcara
HONORABLE RICHARD J. ARCARA CHIEF JUDGE UNITED STATES DISTRICT COURT DATED: November 2, 2009