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Lori Ann Acquisto v. Manitowoc Fsg Operations

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


October 3, 2012

LORI ANN ACQUISTO, PLAINTIFF,
v.
MANITOWOC FSG OPERATIONS, LLC, F/K/A MANITOWOC FSG OPERATIONS, INC., AND MANITOWOC ICE, INC., DEFENDANT.

The opinion of the court was delivered by: Honorable Richard J. Arcara United States District Judge

ORDER

This case was referred to Magistrate Judge Jeremiah J. McCarthy pursuant to 28 U.S.C. § 636(b)(1). On July 23, 2012, plaintiff Lori Ann Acquisto moved for sanctions pursuant to Fed. R. Civ. P. 11(c) for an allegedly frivolous motion for summary judgment filed on behalf of a prior defendant. Plaintiff Acquisto also filed on July 23, 2012, a motion seeking an order requiring the defendant to show cause, pursuant to § 2.3(B) of this Court's ADR Plan for pre-trial mediation, why the defendant should not be sanctioned for failure to participate in the ADR process in good faith.

On August 1, 2012, Magistrate Judge McCarthy filed a Report and Recommendation recommending that both of plaintiff Acquisto's motions be denied. Plaintiff filed objections to the Report and Recommendation on August 16, 2012. Defendant filed a response thereto and plaintiff filed a reply to the response.

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. Fed. R. Civ. P. 72(b); see United States v. Male Juvenile, 121 F.3d 34, 38 (2d Cir. 1997). The Court reviews unobjected-to findings for clear error. Charvenko v. Barbera, 2011 WL 1659882 at *1 (W.D.N.Y. May 3, 2011).

Upon careful review of the Report and Recommendation, for the reasons stated by Magistrate Judge McCarthy, plaintiff's motions for sanctions [Dkt. Nos. 24, 25] are denied.

SO ORDERED.

Richard J. Arcar a

20121003

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