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Balko v. Ukrainian Nat'l Fed. Credit Union

United States District Court for the Southern District of New York
Jun 10, 2014
Smart Summary (Beta)

Factual and Procedural Background

This action is styled as Christine Balko (Plaintiff) v. Ukrainian National Federal Credit Union (Defendant), docketed 13 Civ. 1333 (LAK). Counsel of record for the plaintiff and defendant are listed in the opinion. The defendant filed a motion for summary judgment seeking dismissal of the complaint [DI 31]. Magistrate Judge Andrew J. Peck issued a comprehensive report and recommendation addressing that motion. The defendant filed objections to the report and recommendation. On June 10, 2014, Judge Lewis A. Kaplan issued an order overruling the defendant's objections and denying the defendant's motion for summary judgment.

Legal Issues Presented

The opinion addresses a procedural matter and does not frame distinct legal issues.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The opinion is a brief order stating that the defendant's objections to Magistrate Judge Peck's report and recommendation are "almost entirely frivolous and entirely without merit," and that those objections are overruled. Based on that determination, the court denied the defendant's motion for summary judgment. No further analysis or elaboration is provided in the text.

Holding and Implications

The defendant's objections are overruled and the defendant's motion for summary judgment dismissing the complaint is denied.

Direct effect: the denial preserves the plaintiff's complaint from dismissal at the summary judgment stage. The opinion contains no discussion of broader legal implications or the establishment of new precedent.

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Lewis A. Kaplan, United States District Judge.

ORDER

Lewis A. Kaplan, District Judge.

Defendant's objections, which are almost entirely frivolous and entirely without merit, to the comprehensive and meticulous report and recommendation of Magistrate Judge Andrew J. Peck are overruled. Its motion for summary judgment dismissing the complaint [DI 31] is denied.

SO ORDERED.

Dated: June 10, 2014

/s/ Lewis A. Kaplan

Lewis A. Kaplan

United States District Judge