Opinion
Civil Action No. 01-993
June 27, 2002
MEMORANDUM ORDER
On June 4, 2001, this case was referred to United States Magistrate Judge Ila Jeanne Sensenich for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1)(A) and (B), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates.
The magistrate judge's report and recommendation filed on April 22, 2002, recommended that Defendants' Motion to Dismiss Plaintiff's Complaint Pursuant to Fed.R.Civ.p. 12(b)(6) be dismissed. It further recommended that Defendants' Cross-Motion for Summary Judgment be denied and that Plaintiff's Motion for Partial Summary Judgment be granted. The parties were allowed ten (10) days from the date of service to file objections. Service was made on all parties. Objections and response to objections have been filed to the report and recommendation. After de novo review of the pleadings and documents in the case, together with the report and recommendation, objections and response thereto, the following order is entered:
AND NOW, this 27th day of June, 2002;
IT IS HEREBY ORDERED that Defendants' Motion to Dismiss Plaintiff's Complaint Pursuant to Fed.R.Civ.P. 12(b)(6) is dismissed;
IT IS FURTHER ORDERED that Defendants' Cross-Motion for Summary Judgment is denied;
IT IS FURTHER ORDERED that Plaintiff's Motion for Partial Summary Judgment is granted.
The Report and Recommendation of Magistrate Judge Sensenich, dated April 22, 2002, is adopted as the opinion of the court.