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U.S. v. 117.5 Acres of Land

United States District Court, D. Colorado
Dec 5, 2005
Civil Action No. 03-K-1095 (GJR) (D. Colo. Dec. 5, 2005)

Opinion

Civil Action No. 03-K-1095 (GJR).

December 5, 2005


ORDER ADOPTING RECOMMENDATION OF MAGISTRATE JUDGE


This matter is before me on the Isgar Defendants' Objection to the Magistrate Judge's November 8, 2005, Report and Recommendation (Doc. 102) denying their Motion for Summary Judgment. In accordance with my duties under 28 U.S.C. § 636(b)(1)(C), my review is de novo and I may accept, reject or modify the Recommendation.

Based on my review of the record and the parties' briefing on the Isgars' Objection, I ACCEPT the Recommendation of the Magistrate Judge and ADOPT it as an Order of the court. While it is true the Wheelers rely heavily on their own affidavits to rebut the Isgars' claims, neither affidavit sets forth facts that are per se inadmissible as the Isgars contend. The Wheelers have been associated with the property for several decades and while many of the statements in the affidavits are hearsay, it is likely the Wheelers have other independent bases for the facts asserted. At this stage of the proceedings, I cannot conclude the Wheelers' affidavits are generalized, unsubstantiated or not based on personal knowledge and agree the matter is best determined in an evidentiary hearing to be conducted by the Magistrate Judge.

The Isgars' Objection is OVERRULED and the Recommendation of the Magistrate Judge ADOPTED as an Order of the Court. The Isgars' Motion for Summary Judgment is DENIED and the matter shall be set for evidentiary hearing in accordance with the operative Order of Reference and the Magistrate Judge's established pretrial procedures.


Summaries of

U.S. v. 117.5 Acres of Land

United States District Court, D. Colorado
Dec 5, 2005
Civil Action No. 03-K-1095 (GJR) (D. Colo. Dec. 5, 2005)
Case details for

U.S. v. 117.5 Acres of Land

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. 117.5 ACRES OF LAND, MORE OR LESS…

Court:United States District Court, D. Colorado

Date published: Dec 5, 2005

Citations

Civil Action No. 03-K-1095 (GJR) (D. Colo. Dec. 5, 2005)