Union Labor Life Insurance v. Olsten Corp. Health & Welfare Benefit Plan

Memorandum & Order Adopting Report and Recommendation

DORA L. IRIZARRY, District Judge.

The court has reviewed plaintiffs objections to the report issued by United States Magistrate Judge Cheryl L. Pollack on August 17, 2007 recommending that, with the exception of plaintiffs claim of equitable subrogation, which requires further briefing, plaintiffs summary judgment motion be denied and that defendant’s cross-motion for entry of a final judgment be granted as to plaintiffs claim for restitution. For the reasons set forth below, the court adopts the report and recommendation (“R & R”) in full. 1