Opinion
95-CV-956A.
June 9, 2004
ORDER
This case was referred to Magistrate Judge Leslie G. Foschio, pursuant to 28 U.S.C. § 636(b)(1), on February 9, 1996. On September 6, 2002, defendant Browning-Ferris Industries of New York, Inc. ("BFI-NY"), filed a motion for summary judgment, and plaintiff Pfohl Brothers Landfill Site Steering Committee ("Steering Committee") filed a motion for partial summary judgment and to strike expert witness reports. On January 30, 2004, Magistrate Judge Foschio filed a Report and Recommendation, recommending that BFI-NY's motion for summary judgment be granted in part and denied in part, and that the Steering Committee's motion for summary judgment be granted in part and denied in part. Magistrate Judge Foschio also dismissed the Steering Committee's motion to strike expert witness reports.
Both parties filed objections to the Report and Recommendation. The parties made a joint request to the Court that the objections to the Report and Recommendation be decided on the papers, and the Court grants that request.
Pursuant to 28 U.S.C. § 636(b)(1), this Court must make a de novo determination of those portions of the Report and Recommendation to which objections have been made. Upon a de novo review of the Report and Recommendation, and after reviewing the submissions and hearing argument from the parties, the Court adopts the proposed findings of the Report and Recommendation.
Accordingly, for the reasons set forth in Magistrate Judge Foschio's Report and Recommendation, defendant BFI-NY's motion for summary judgment is granted in part and denied in part, and the Steering Committee's motion for summary judgment is granted in part and denied in part. The case is referred back to Magistrate Judge Foschio for further proceedings.
IT IS SO ORDERED.