United States District Court, W.D. Pennsylvania
September 19, 2005.
SYDNEY E. SMITH, III, et al., Plaintiffs,
UNITED STATES OF AMERICA, Defendant.
The opinion of the court was delivered by: SEAN McLAUGHLIN, District Judge
Plaintiff's complaint was received by the Clerk of Court on
September 5, 2002, and was referred to United States Magistrate
Judge Susan Paradise Baxter for a report and recommendation in
accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and
Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates. On
July 23, 2004, this Court adopted the Magistrate Judge's report
recommending that we grant in part and deny in part Defendant's
motion for partial summary judgment. On March 31, 2005, Plaintiff
filed a motion for partial summary judgment (Dkt. #54), and this
case was again referred to Magistrate Judge Baxter for a report
and recommendation. On May 6, 2005, Defendant filed a cross
motion for partial summary judgment (Dkt. #61).
The Magistrate Judge's report and recommendation (Doc. #69),
filed on July 22, 2005, recommended that the District Court grant
the Defendant's motion for partial summary judgment and deny the
Plaintiff's motion for partial summary judgment. The parties were
allowed ten (10) days from the date of service to file
objections. Objections were filed by Plaintiff on August 1, 2005
(Dkt. #73). After de novo review of the pleadings and
documents in the case, together with the report and
recommendation and objections thereto, the following order is
AND NOW, this 19th Day of September, 2005;
IT IS HEREBY ORDERED that the Defendant's Motion for Partial
Summary Judgment (Doc. #61) is GRANTED, and Plaintiff's Motion
for Partial Summary Judgment (Doc. #54) is DENIED. The report and recommendation of Magistrate Judge Baxter, dated
July 22, 2005, is adopted as the opinion of the court.
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