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adopting Report and Recommendation, which held that "disputed issues of fact are not appropriately decided at the dismissal stage" and that "for the purposes of the pending motion, this Court must accept as true the Plaintiffs' version of the facts"
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06 Civ. 2613 (DAB).
April 29, 2009
ADOPTION OF REPORT AND RECOMMENDATION
The Court has reviewed the Report and Recommendation of Magistrate Judge Debra Freeman, dated February 26, 2009, recommending that Defendants' Motion to Dismiss be denied. The Court has also reviewed Corporate Defendant, Esp-Disk, represented by Bernard Stollman (Esq.), and Bernard Stollman, pro se, Objections to Magistrate Judge's Amended [sic] Report and Recommendation, dated March 15, 2009.
The Court has conducted an independent de novo review of the record herein and, after due consideration, Defendants' objections are without merit.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. The Report and Recommendation of Judge Freeman, dated February 26, 2009, be and is hereby approved, adopted, and ratified by the Court;
2. Defendant's Motion to Dismiss the Complaint is DENIED.
SO ORDERED.