Opinion
Civil No. 04-791 BB/RHS.
June 1, 2007
ORDER DENYING CROSS-MOTIONS FOR SUMMARY JUDGMENT
THIS MATTER comes before the Court on consideration of Plaintiff's Motion for Partial Summary Judgement [sic], filed November 17, 2004 [Doc. 15], Defendants' Response, [sic] to Plaintiff's Motion, and Cross Motion for, Summary Judgment, filed March 30, 2005 [Doc. 31] and the Magistrate Judge's Proposed Findings and Recommended Disposition ("PFRD"), filed May 10, 2007 [Doc. 52]. No objections have been filed to the PFRD. Having considered the same, the Court finds that the proposed findings of the Magistrate Judge will be adopted and the parties' cross-motions for summary judgment will be denied without prejudice to either party's right to re-file a motion for summary judgment or other appropriate pleadings.
WHEREFORE,
IT IS ORDERED that the proposed findings of the United States Magistrate Judge [Doc. 52] are adopted by the Court.
IT IS FURTHER ORDERED that Plaintiff's Motion for Partial Summary Judgement [sic] [Doc. 15] and Defendants' Response, [sic] to Plaintiff's Motion, and Cross Motion for, Summary Judgment [Doc. 31] be denied without prejudice.