UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
January 14, 2008
CAROLINE S. ALLEN,
QUALITY HOTEL, DEFENDANT.
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 Leslie G. Foschio, pursuant to 28 U.S.C. § 636(b)(1)(A), on November 9, 2007. O n D ecem ber 7, 2007, plaintiff filed a m otion for a default judgm ent and on D ecem ber 14, 2007, defendant filed a m otion to set aside the notice of entry of default entered O ctober 10, 2007.
On January 3, 2008, M agistrate Judge Foschio filed a D ecision and O rder, granting defendant's m otion to set aside the notice of entry of default and denying plaintiff's m otion for default judgm ent. P laintiff filed objections to the M agistrate Judge's D ecision and O rder on January 10, 2008.
Pursuant to 28 U .S .C . § 636(b)(1)(A ), the district court "m ay reconsider any pretrial m atter under this [section] w here it has been show n that the m agistrate's order is clearly erroneous or contrary to law ." The C court has review ed plaintiff's objections and Magistrate Judge Foschio's D ecision and O rder. U pon such review and after hearing argum ent from counsel, the C court finds that M agistrate Judge Foschio's D ecision and O rder is neither clearly erroneous nor contrary to law .
A ccordingly, the C court affirm s the D ecision and O rder. This case is referred back to M agistrate Judge Foschio for further proceedings.
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