Opinion
Case No. 3:08-0999 Judge Trauger.
November 20, 2009
ORDER
For the reasons expressed in the accompanying Memorandum, the recommendations of the Magistrate Judge in the pending R R (Docket Nos. 30 and 31) are, for the most part, accepted by the Court. Consistent with those recommendations, the defendant's Motion for Summary Judgment (Docket No. 17) is DENIED, and the plaintiff's Motion for Summary Judgment (Docket No. 21) is GRANTED IN PART and DENIED IN PART. This case is hereby REFERRED back to the Magistrate Judge for additional proceedings regarding the precise amount of attorneys' fees to be awarded, with the caveat that the plaintiff may not recover fees for the time his counsel spent at the resolution session. Also, the defendant's pending Motion in Limine (Docket No. 26) is DENIED, without prejudice.
It is so ordered.