Opinion
Case no. 08-13273.
September 8, 2009
ORDER ADOPTING REPORT AND RECOMMENDATION
The Court, pursuant to 72(b) of the Federal Rules of Civil Procedure, 28 U.S.C. 636(b)(1)(B), and LR 72.1(b)(3), has reviewed Magistrate Judge Mark A. Randon's report and recommendation filed August 18, 2009, as well as any objections filed by the parties, and upon review;
IT IS HEREBY ORDERED that the report and recommendation is ADOPTED.
IT IS FURTHER ORDERED that Plaintiff's motion for summary judgment, filed December 22, 2008, is DENIED, and Defendant's motion for summary judgment, filed March 23, 2009, is GRANTED.