United States District Court, W.D. New York
March 21, 2004.
TIJUANA SCARBROUGH, Plaintiff,
GRAY LINE TOURS, Defendant.
The opinion of the court was delivered by: WILLIAM SKRETNY, District Judge
DECISION AND ORDER
1. On June 19, 2003, Defendant Gray Line Tours filed a motion
that, inter alia, sought dismissal of this action due to
Plaintiff's failure to comply with her discovery obligations.
2. On March 1, 2004, the Honorable Hugh B. Scott, United States
Magistrate Judge, filed a Report and Recommendation, which
recommended that Defendant's motion be denied insofar as it
requested dismissal of this action.
2. No objections to the Report and Recommendation were filed or
received within ten (10) days from the date of its service, in
accordance with Rule 72(b) of the Federal Rules of Civil
Procedure and Rule 72.3(a)(3) of the Local Rules of Civil
3. This Court having carefully reviewed Judge Scott's Report
and Recommendation, as well as the pleadings and materials
submitted by the parties,
IT HEREBY IS ORDERED that this Court accepts Judge Scott's
Report and Recommendation (Docket No. 40) in its entirety,
including the authorities cited and the reasons given therein.
FURTHER, that Defendant's Motion to Dismiss (Docket No. 29) is
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