Opinion
08-CV-0066A.
February 11, 2010
ORDER
The above-referenced case was referred to Magistrate Judge Leslie G. Foschio, 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.