November 18, 2013
WILLIAM MULDOWNEY, Plaintiff,
K-MART CORPORATION, et al., Defendants.
CHRISTOPHER C. CONNER, Chief District Judge.
AND NOW, this 18th day of November, 2013, upon consideration of the report and recommendation of Magistrate Judge Karoline Mehalchick (Doc. 61), recommending the court grant in part and deny in part the motion (Doc. 22) for summary judgment filed by the defendants, and, after an independent review of the record, and noting that the defendants filed objections (Doc. 62) to the report on October 11, 2013, and that plaintiff filed a response (Doc. 63) to defendants' objections on October 31, 2013, and the court finding Judge Mehalchick's analysis to be thorough, well-reasoned, and fully supported by the record, and the court further finding defendants' objections to be without merit and squarely addressed by Judge Mehalchick's report, it is hereby ORDERED that:
1. The report (Doc. 61) of Magistrate Judge Mehalchick recommending that the court grant in part and deny in part the defendants' motion (Doc. 22) for summary judgment is ADOPTED in its entirety.
2. Defendants' motion (Doc. 22) for summary judgment is DENIED with respect to Count II of the complaint and GRANTED with respect to Counts I and III of the complaint.
3. A revised case management schedule will issue by separate order.