United States District Court, W.D. Pennsylvania
December 23, 2005.
MICHELLE L. GILBERT, Plaintiff,
FRATERNAL ORDER OF EAGLES AERIE NUMBER 983 OF BROOKVILLE, PENNSYLVANIA.
The opinion of the court was delivered by: JOY CONTI, District Judge
On May 27, 2004 this case was referred to United States
Magistrate Judge Francis X. Caiazza for pretrial proceedings in
accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(1)(A)
and (B), and Rules 72.1.3 and 72.1.4 of the Local Rules for
On November 18, 2005 the magistrate judge issued a Report and
Recommendation (Doc. 43) recommending that the District Court
deny the Defendants' Motion for Summary Judgment (Doc. 16), and
deny the Plaintiff's Motion for Partial Summary Judgment (Doc.
33). Service of the Report and Recommendation was made on the
parties. Objections were filed by the Plaintiff (Doc. 44) on
December 5, 2005. Objections by the Defendant (Doc. 45) were also
filed on December 5, 2005. After a de novo review of the
pleadings and documents in the case, together with the Report and
Recommendation and the objections thereto, the following order is
entered: AND NOW, this 23rd day of December 2005, IT IS HEREBY
ORDERED that the Defendants' Motion for Summary Judgment (Doc.
16) is DENIED; and Plaintiff's Motion for Partial Summary
Judgment (Doc. 33) is also DENIED.
The Report and Recommendation of Magistrate Judge Caiazza dated
November 18, 2005 is hereby adopted as the opinion of the court.
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