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07-1908 - Noll v. AVIS Budget Group, LLC et al

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07-1908 - Noll v. AVIS Budget Group, LLC et al
September 17, 2008
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MEMORANDUM AND OPINION:Defendants Avis Budget Group, LLC and Jennifer Rodriguez (collectively, defendants) move for summary judgment pursuant to Federal Rule of Civil Procedure 56 on the ground that plaintiff Joseph Noll did not sustain a serious injury within the definition of New York Insurance Law § 5102(d). Additionally, Avis moves for summary judgment claiming it is not liable based on 49 U.S.C. § 30106. By stipulation dated June 19, 2007, the parties consented to have this case referred to a Magistrate Judge pursuant to 28 U.S.C. § 636(c). For the reasons stated in the attached Memorandum and Order, defendant Aviss motion for summary judgment is granted and defendant Rodriguezs summary judgment motion is denied. The remaining parties are directed to appear before me for a settlement conference on October 17, 2008 at 3:00 p.m. Ordered by Magistrate Judge Robert M. Levy on 9/17/08. SEE ATTACHED MEMORANDUM & ORDER. (Marino, Janine)