City of South Burlington v. Towle-Whitney Associates, Inc.

Full title: CITY OF SOUTH BURLINGTON, Plaintiff v. TOWLE-WHITNEY ASSOCIATES, INC…

Court: United States District Court, D. Vermont

Date published: Sep 20, 2007

File No. 1:05-CV-230 (D. Vt. Sep. 20, 2007)

Opinion

File No. 1:05-CV-230.

September 20, 2007

ORDER

J. MURTHA, District Judge

The Magistrate Judge's Report and Recommendation was filed July 16, 2007 (Paper 76). After de novo review and absent objection, the Report and Recommendation is AFFIRMED, APPROVED and ADOPTED.See 28 U.S.C. § 636(b)(1). Defendant's motion for summary judgment (Paper 45), plaintiff's cross motion for summary judgment (Paper 49), and third-party defendant's motion for summary judgment (Paper 55) are DENIED.

Defendant's motion for summary judgment (Paper 53) is construed as a supplemental memorandum to its first motion for summary judgment and its memorandum in opposition to plaintiff's cross motion for summary judgment (Papers 45 and 54) and is deemed moot.

Counsel for the parties shall inform the Court, in writing, on or before October 5, 2007, if any discovery remains to be completed.

SO ORDERED.