Opinion
Civil No. 2:00CV 936 C
June 14, 2001
James S. Lowrie, Anthony L. Rampton, Deno G. Himonas and Bruce Wycoff, JONES, WALDO, HOLBROOK McDONOUGH, Attorneys for Plaintiff.
Alan L. Sullivan and Todd M. Shaughnessy, SNELL WILMER, Attorneys for Defendants ATT Corporation and ATT Broadband, L.L.C.
Jonathan A. Dibble and James S. Jardine, RAY, QUINNEY NEBEKER, Attorneys for Defendant MediaNews Group, Inc.
ORDER AFFIRMING MAGISTRATE'S REPORT AND RECOMMENDATION
The Court referred this matter to Magistrate Judge Samuel Alba pursuant to 28 U.S.C. § 636(b)(1)(B). Judge Alba issued a Report and Recommendation, dated June 5, 2001, recommending that the Court permit the filing of plaintiff's Second Amended Complaint containing proposed claim numbers 1 through 12. The Magistrate Judge further recommended that the Court not permit the filing of a Second Amended Complaint containing plaintiff's proposed claims 13 through 16.
Plaintiff and defendants ATT Corp. and ATT Broadband, LLC, have stipulated to the entry of an order affirming in its entirety Magistrate Judge Alba's Report and Recommendation. Accordingly, this Court, having reviewed the Magistrate Judge's Report and Recommendation and the transcript of the hearing that resulted in its issuance, and being in agreement with the analysis set forth in the Report and Recommendation, approves and adopts the Magistrate Judge's Report and Recommendation in all its particulars, and, accordingly, HEREBY PERMITS the filing of only proposed claims 1 through 12 of plaintiff's Second Amended Complaint.
There is no need for defendant MediaNews Group to join in the stipulation because the Report and Recommendation gives it all the relief it requested. Counsel for MediaNews Group has, however, approved this Order as to form.
Defendants shall answer or otherwise respond to claims 1 through 12 of plaintiff's Second Amended Complaint within thirty days of the entry of the Court's Order in this matter.