Opinion
No. 3:04-CV-506 AS.
July 21, 2006
ORDER ADOPTING REPORT AND RECOMMENDATION
On June 19, 2006, Magistrate Judge Christopher A. Nuechterlein entered a Report and Recommendation (Docket No. 362) which contained a detailed explanation of his recommendations. The parties were given until June 30, 2006 to file objections to the Report and Recommendation and were notified that failure to file objections within the specified time would constitute a waiver of their right to appeal the district court's order. No objections have been filed in this matter. Upon review, the Court ADOPTS the Report and Recommendation (Docket No. 362). The Defendants' motions for summary judgment (Docket Nos. 321, 323, 325, 328, 333, and 337) are DENIED. Plaintiffs' motion to dismiss (Docket No. 292) is DENIED IN PART AS MOOT as it relates to Reith-Riley and is DENIED IN PART as it relates to Raykovich, Pastrick, Weems, and Miskowski. Defendants Raykovich, Pastrick, Weems, and Miskowski's counterclaims on the issue of indemnity are STAYED until resolution of the underlying liability, and the remainder of Defendants' counterclaims shall proceed.
SO ORDERED.