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BENICORP INS. COMPANY v. NATIONAL MEDICAL HEALTH CARD SYSTEMS

No. 05 CIV.7540(VM).

447 F.Supp.2d 329 (2006)

BENICORP INSURANCE COMPANY, Plaintiffs, v. NATIONAL MEDICAL HEALTH CARD SYSTEMS, INC., et al., Defendants.

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

August 28, 2006.

Attorney(s) appearing for the Case

Linda J. Cahn, Esq., The Cahn Law Firm, Morristown, NJ, Paul A. Scrudato, Esq., Schiff Hardin, LLP, New York City, Darren VanPuymbrouck, Esq., Lawrence Hoffman, E sq., Schiff Hardin, LLP, Chicago, IL, for Plaintiffs.

Mark A. Robertson, E sq., Fullbright & Jaworski, LLP, New York City, for Defendants.

DECISION AND ORDER

MARRERO, District Judge.

I. BACKGROUND

By Order dated August 4, 2006, Magistrate Judge Debra Freeman, to whom this matter had been referred for pretrial supervision, issued a Report and Recommendation (the "Report"), a copy of which is attached and incorporated herein, recommending that the Court deny both the motion of defendant National Medical Card systems, Inc. to enforce a purported

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