UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
September 12, 2007
OMNI CONSULTING GROUP, INC., PLAINTIFF,
MARINA CONSULTING, INC. AND PILGRIM'S PRIDE CORP., DEFENDANTS.
The opinion of the court was delivered by: Honorable Richard J. Arcara Chief Judge United States District Court
This case was referred to Magistrate Judge Hugh B. Scott pursuant to 28 U.S.C. § 636(b)(1). On March 24, 2006, defendant Pilgrim's Pride Corp. ("Pilgrim") filed a motion for summary judgment. On that same date, plaintiff Omni Consulting Group, Inc. ("Omni") filed a cross-motion for summary judgment against Pilgrim on the issue of liability.
On February 23, 2007, Magistrate Judge Scott issued a report and recommending that Pilgrim's motion for summary judgment be denied and that Omni's motion for partial summary judgment on the issue of liability be granted. Pilgrim filed objections to the report and recommendation and Omni filed a response. The Court held oral argument on the objections on June 27, 2007.*fn1
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 Scott's report and recommendation, Pilgrim's motion for summary judgment is denied and Omni's motion for partial summary judgment against Pilgrim on the issue of liability is granted. The parties shall appear before the Court on October 5, 2007, at 9:00 a.m. for a status conference.