Arrigoni v. U.S.

Full title: MARIA T. ARRIGONI, et al., Plaintiffs, v. UNITED STATES OF AMERICA…

Court: United States District Court, W.D. New York

Date published: Jan 13, 2006

No. 02-CV-571A (W.D.N.Y. Jan. 13, 2006)

Opinion

No. 02-CV-571A.

January 13, 2006

ORDER

RICHARD ARCARA, District Judge

The above-referenced case was referred to Magistrate Judge Leslie G. Foschio, pursuant to 28 U.S.C. § 636(b)(1)(B). On October 24, 2005, Magistrate Judge Foschio filed a Report and Recommendation, recommending that defendant's motion to dismiss should be denied, and that defendant's alternative motion for summary judgment should be granted.

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 to dismiss is denied, and defendant's alternative motion for summary judgment is granted. The Clerk of Court is directed to take all steps necessary to close this case.

IT IS SO ORDERED.