UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
September 2, 2008
FRANCES FENTNER, PLAINTIFF,
TEMPEST RECOVERY SERVICES, INC., DEFENDANT.
The opinion of the court was delivered by: Honorable Richard J. Arcara Chief Judge United States District Court
The above-referenced case was referred to Magistrate Judge Hugh B. Scott, pursuant to 28 U.S.C. § 636(b)(1)(B). On August 12, 2008, Magistrate Judge Scott filed a Report and Recommendation, recommending that plaintiff's motion to dismiss the defendant's counterclaim 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), and for the reasons set forth in Magistrate Judge Scott's Report and Recommendation, plaintiff's motion to dismiss the defendant's counterclaim is granted.
The case is referred back to Magistrate Judge Scott for further proceedings.
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