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Allen v. Quality Hotel

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


January 14, 2008

CAROLINE S. ALLEN,
v.
QUALITY HOTEL, DEFENDANT.

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 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.

SO ORDERED.

20080114

© 1992-2008 VersusLaw Inc.



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