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Hare v. Edison Schools

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


September 1, 2006

LORNA HARE, PLAINTIFF,
v.
EDISON SCHOOLS AND STEPPING STONE ACADEMY, DEFENDANTS.

The opinion of the court was delivered by: Honorable Richard J. Arcara Chief Judge United States District Court

ORDER

This case was referred to Magistrate Judge H. Kenneth Schroeder, Jr., pursuant to 28 U.S.C. § 636(b)(1), on August 9, 2005. On September 20, 2005, defendants filed a motion for summary judgment. On June 12, 2006, Magistrate Judge Schroeder filed a Report and Recommendation, recommending that defendants' motion be denied.

Defendants filed objections to the Report and Recommendation on June 22, 2006. Oral argument on the objections was held on August 30, 2006.

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 Schroeder's Report and Recommendation, defendants' motion for summary judgment is denied. The case is referred back to the Magistrate Judge for further proceedings.*fn1

IT IS SO ORDERED.


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