Benjamin v. Fosdick Mach. Tool Co.

Full title: ELAINE BENJAMIN, Plaintiff, v. THE FOSDICK MACHINE TOOL COMPANY, THE…

Court: UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK

Date published: Oct 16, 2012

11-CV-0571A (W.D.N.Y. Oct. 16, 2012)

Opinion

11-CV-0571A

10-16-2012

ELAINE BENJAMIN, Plaintiff, v. THE FOSDICK MACHINE TOOL COMPANY, THE FOSDICK MACHINE TOOL COMPANY n/k/a MAKINO, INC. formerly known as LEBLOND INCORPORATED, AND TUTHILL CORPORATION, doing business under the name of TUTHILL ENERGY SYSTEMS, Defendants.

RICHARD J. ARCARA

ORDER

The above-referenced case was referred to Magistrate Judge Jeremiah J. McCarthy, pursuant to 28 U.S.C. § 636(b)(1)(B). On September 27, 2012, Magistrate Judge Foschio filed a Report and Recommendation, recommending that defendants' motion for summary judgment be denied as premature.

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 McCarthy's Report and Recommendation, defendants' motion for summary judgment is denied as premature.

The case is referred back to Magistrate Judge McCarthy for further proceedings.

SO ORDERED.

______________________

HONORABLE RICHARD J. ARCARA

UNITED STATES DISTRICT JUDGE