The opinion of the court was delivered by: JudgeTerrence F. McVerry
Magistrate Judge Cathy Bissoon
OnAugust 1, 2008, this case was referred to United States Magistrate Judge Cathy Bissoon for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(l)(A) and (B), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates.
OnFebruary 27, 2009, the magistrate judge issued a Report (Doc. 135) recommending that Defendant's Motion for Summary Judgment (Doc. 118) be granted in part and denied in part, as described in the Report. Service of the Report and Recommendation was made on the parties, and Defendants filed Objections on March 16, 2009. See Doc. 136 ("Def's Objections").
In addition to their Objections to the Magistrate Judge's Report, Defendants request an opportunity to be heard on their Objections before this Court.*fn1 (Defs' Objections at 3, 12 and Caption to Defs' Objections.) Defendants' request for a hearing is denied and their objections to the Report are OVERRULED.
After a de novo review of the pleadings and documents in the case, together with the Report and Recommendation, Defendants' Objections thereto, and Plaintiff's Response. the following Order is entered:
AND NOW, on this 30th day of March, 2009, IT IS HEREBY ORDERED that Defendant's Motion for Summary Judgment (Doc. 118) is GRANTED IN PART AND DENIED IN PART, as follows:
(I) Defendants' Motion to Exclude the Expert Testimony of Dr. Stephen Batzer, Dr. Russell F. Dunn and Dr. David Renfroe (Doc. 118) is DENIED;
(ii) Defendants' Motion for Summary Judgment as to Count II of Plaintiff's Complaint for negligence and recklessness (Doc. 118) is DENIED;
(iii) Defendants' Motion for Summary Judgment as to Count III of Plaintiff's Complaint for breach of implied warranty (Doc. 118) is DENIED;
(iv) Defendants' Motion for Summary Judgment as to Plaintiff's request for punitive damages (Doc. 118) is DENIED; and
(v) Defendants' Motion for Summary Judgment as to Count I of Plaintiff's Complaint for strict liability (Doc. 118) is GRANTED and Count I is dismissed with prejudice.
The Report and Recommendation of Magistrate Judge Bissoon dated February 27, 2009 is hereby adopted as the ...