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Ahmad v. Mahran

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


March 31, 2009

SAMEERA AHMAD, PLAINTIFF,
v.
KHALID S. MAHRAN, AND KIDNEY CARE, P.C., DEFENDANTS.

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 Jeremiah J. McCarthy pursuant to 28 U.S.C. § 636(b)(1), on March 9, 2009. On December 21, 2007, defendants filed a motion for summary judgment and plaintiff filed a motion for partial summary judgment that same date. On January 5, 2009, Magistrate Judge McCarthy filed a Report and Recommendation, recommending that defendants' motion be granted to the extent of dismissing plaintiff's second cause of action, but otherwise be denied and that plaintiff's motion be granted to the extent of (1) declaring that the date for commencement of employment under the contract was no later than November 14, 2005, and (2) dismissing defendants' first and third counterclaims, but otherwise be denied.

Defendants filed objections to the Report and Recommendation on March 9, 2009, and plaintiff filed a response on March 23, 2009.*fn1 Oral argument on the objections was held on February 23, 2009.

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 McCarthy's Report and Recommendation, defendants' motion is granted to the extent of dismissing plaintiff's second cause of action, but otherwise is denied. Plaintiff's motion is granted to the extent of (1) declaring that the date for commencement of employment under the contract was no later than November 14, 2005, and (2) dismissing defendants' first and third counterclaims, but otherwise is denied.

The case is referred back to Magistrate Judge McCarthy for further proceedings.

SO ORDERED.


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