IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
November 23, 2010
LAHNEEN SLANTIS, PLAINTIFF
CAPOZZI & ASSOCIATES, P.C., DEFENDANT
The opinion of the court was delivered by: Judge Conner
AND NOW, this 23rd day of November, 2010, upon consideration of the report of United States Magistrate Judge William T. Prince (Doc. 73), recommending that plaintiff's motion for summary judgment (Doc. 38) be granted, and defendant's motion for partial summary judgment(Doc. 39) be denied, and, following an independent review of the record and noting that defendant Capozzi & Associates, P.C., filed objections*fn1 to the report on August 23, 2010 (Doc. 76), and the court finding Judge Prince's analysis to be thorough and well-reasoned, and the court finding defendant's objections to be without merit and squarely addressed by Judge Prince's Memorandum and Order of August 9, 2010 (Doc. 72)*fn2, as well as his report (Doc. 73), it is hereby ORDERED that:
1. The report of Magistrate Judge Prince (Doc. 73) is ADOPTED.
2. Plaintiff's motion for summary judgment (Doc. 38) is GRANTED as to the matters of defendant's lack of permissible purpose under FCRA and as to defendant's failure to show that plaintiff's claim was in bad faith or for the purposes of harassment and DENIED as to the matter of defendant's state of mind.
3. Defendant's motion for partial summary judgment (Doc. 39) is DENIED.
4. Defendant's counterclaim is hereby DISMISSED.
5. This matter shall be scheduled for trial by future order of the court.
CHRISTOPHER C. CONNER United States District Judge