UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
August 1, 2007
MARYBETH PIZZO, PLAINTIFF,
HSBC USA, INC., HSBC BANK USA AND NEAL BEASLEY, DEFENDANTS.
The opinion of the court was delivered by: Honorable Richard J. Arcara Chief Judge
The above-referenced case was referred to Magistrate Judge Jonathan W. Feldman, pursuant to 28 U.S.C. § 636(b)(1)(B). On June 27, 2007, Magistrate Judge Feldman filed a Report and Recommendation, recommending that defendants' motion for summary judgment be granted in part and denied in part. Specifically, the Magistrate recommended that defendants' motion to dismiss plaintiff's FMLA causes of action against the corporate and individual defendant be denied and their motion for dismissal of plaintiff's claim for intentional infliction of emotional distress 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), the Report and Recommendation of Magistrate Judge Feldman is adopted in its entirety and, for the reasons stated therein, defendants' motion for summary judgment is granted in part and denied in part. Specifically, defendants' motion to dismiss plaintiff's FMLA claim is denied and their motion to dismiss plaintiff's claim for intentional infliction of emotional distress is granted.
The case is referred back to Magistrate Judge Feldman for further proceedings.
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