Opinion
2:11-CV-00092-PMP-GWF.
May 16, 2011
ORDER
On March 31, 2011, the Honorable George W. Foley, Jr., United States Magistrate Judge entered Findings and Recommendations (Doc. #20) recommending that Defendants' Motion to Stay (Doc. #6) be granted and that Plaintiff's Emergency Counter Motion (Doc. #12) be denied.
On April 11, 2011, Plaintiff filed a motion titled "Plaintiff's Motion for Reconsideration of the Recommendation and Finding Dated March 31, 2011." (Doc. #23). Although, Plaintiff's filing is styled as a "Motion for Reconsideration," the Court deems it appropriate to treat Plaintiff's filing as Plaintiff's objections in accord with 28 U.S.C. § 636(b)(1)(C). The Court has conducted a de novo review of the proceedings before the Magistrate Judge, as well as, Defendants' Response in Opposition to Plaintiff's Motion (Doc. #32) and Plaintiff's Reply (Doc.'s #45 #46). Based upon the de novo review, the Court finds that the recommendations of the Magistrate Judge should be approved and Plaintiff's objections thereto overruled. IT IS THEREFORE ORDERED that the Findings and Recommendations of the Honorable George W. Foley, Jr., United States Magistrate Judge (Doc. #20) entered March 31, 2011 are hereby AFFIRMED, and Plaintiff's objections thereto (Doc. #23) are OVERRULED. IT IS FURTHER ORDERED that Defendants' Motion to Stay (Doc. #6) is GRANTED and Plaintiff's Counter Motion (Doc. #12) is DENIED. IT IS FURTHER ORDERED that the parties to this action shall file a Joint Status Report advising this Court of the progress in the Leonelli action on or before November 10, 2011, and at six month intervals thereafter until there is a final resolution of the Leonelli action.
DATED: May 12, 2011.