Opinion
1:08CV668.
September 30, 2009
ORDER
The Recommendation of the United States Magistrate Judge was filed with the court in accordance with 28 U.S.C. § 636(b) and, on March 13, 2009, was served on the parties in this action. Defendant objected to the Recommendation within the time permitted by 28 U.S.C. § 636 (Docs. 16, 17), and Plaintiff responded (Doc. 18).
The court has made a de novo determination of those portions of the report to which Defendant objects and finds that the objections do not change the substance of the United States Magistrate Judge's rulings, which are affirmed. The Magistrate Judge's Recommendation is hereby adopted.
IT IS THEREFORE ORDERED that Defendant's Motion to Dismiss pursuant to Rule 12(b)(6), Fed.R.Civ.P. (Doc. 6), be DENIED.