Equal Employment Opportunity Commission v. Sterling Jewelers, Inc.

Filing 67

ORDER adopting AMENDED Report and Recommendation re 60 denying 15 Motion to Dismiss. Case is referred back to Magistrate Jude McCarthy for further proceedings. Signed by Hon. Richard J. Arcara on 1/6/2010. (JMB)

UNITED STATES DISTRICT COURT W E S T E R N DISTRICT OF NEW YORK

E Q U A L EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. ORDER 08-CV-706

STERLING JEW E L E R S , INC., D e fe n d a n t.

T h is case was referred to Magistrate Judge Jeremiah J. McCarthy, p u rs u a n t to 28 U.S.C. § 636(b)(1), on November 26, 2008. On November 25, 2 0 0 8 , defendant filed a motion to dismiss that portion of the claims of plaintiff w h ic h seek relief for discrimination occurring prior to July 22, 2004. On October 1 , 2009, Magistrate Judge McCarthy filed an Amended Report and R e c o m m e n d a tio n , recommending that defendant's motion be denied. Plaintiff filed objections to the Amended Report and Recommendation on October 1 4 , 2009. Oral argument on the objections was held on December 14, 2009. P u rs u a n t to 28 U.S.C. § 636(b)(1), this Court must make a de novo d e te rm in a tio n of those portions of the Amended Report and Recommendation to w h ic h objections have been made. Upon a de novo review of the Amended R e p o rt and Recommendation, and after reviewing the submissions and hearing

argument from the parties, the Court adopts the proposed findings of the A m e n d e d Report and Recommendation. Accordingly, for the reasons set forth in Magistrate Judge McCarthy's A m e n d e d Report and Recommendation, defendant's motion to dismiss is denied. The case is referred back to Magistrate Judge McCarthy for further proceedings.

SO ORDERED.

s/ Richard J. Arcara
HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT JUDGE DATED: January 6 , 2010

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