Summary
denying defendant's motion to dismiss for failure to show plaintiff's misstatement of income was fraudulent or in bad faith
Summary of this case from Hunt v. Con Edison Co.Opinion
No. 02-CV-786.
October 18, 2004
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 30, 2003. On September 21, 2004, Magistrate Judge Foschio filed a Report and Recommendation, recommending that defendant's motion to dismiss should be denied and the complaint dismissed.
The Court has carefully reviewed the Report and Recommendation, the record in this case, and the pleadings and materials submitted by the parties. 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 to dismiss is denied and the complaint dismissed unless, within 10 days following the date of this Order, plaintiff pays the required filing fee to the Clerk of Court.
IT IS SO ORDERED.