Wilson v. Danka Corp.

Full title: PATRICIA WILSON, Plaintiff, v. DANKA CORP. and RON HALE, Defendants

Court: United States District Court, S.D. New York

Date published: Jan 27, 2003

No. 01 Civ. 10592 (CBM) (S.D.N.Y. Jan. 27, 2003)

Opinion

No. 01 Civ. 10592 (CBM)

January 27, 2003

OPINION AND ORDER

CONSTANCE BAKER MOTLEY, United States District Judge.

This case was recently transferred to the undersigned from Judge Batts. Shortly before the case was reassigned, the Honorable Frank Maas, United States Magistrate Judge, submitted his Report and Recommendation, dated December 10, 2002, in reference to defendants' Motions to Dismiss. Neither Party has filed an objection to Judge Maas' Report and Recommendation. Having conducted a de novo review of the record, the court hereby adopts the Report and Recommendation as the opinion of the court pursuant to 28 U.S.C. § 636(b)(1).

Accordingly, the court GRANTS both defendants' Motions to Dismiss. Wilson may serve and file an amended complaint against defendant Danka provided that: (1) she does so within 30 days of the date of this Opinion and Order; and (2) she is able to set forth facts sufficient to support a breach of contract claim and/or a claim under Section 296 of the New York Executive Law ("Human Rights Law").

SO ORDERED.