SENIOR U.S. DISTRICT JUDGE ARTHUR J. TARNOW

MAGISTRATE JUDGE R. STEVEN WHALEN ORDER ADOPTING REPORT AND RECOMMENDATION [38] , DENYING AS MOOT DEFENDANTS' FIRST MOTION FOR SUMMARY JUDGMENT [15], AND GRANTING DEFENDANTS' SECOND MOTION FOR SUMMARY JUDGMENT [28]

On February 17, 2015, the Magistrate Judge issued a Report and Recommendation ("R&R") [38] recommending that Defendants' first Motion for Summary Judgment [15] be denied as moot because Plaintiff obtained leave of court to file an Amended Complaint [18] after Defendants' filed the Motion [15]. The R&R [38] also recommended that Defendants' second Motion for Summary Judgment [28] be granted. No objection to the R&R [38] was filed.

The Court has reviewed the record in this case. The R&R [38] of the Magistrate Judge is hereby ADOPTED and is entered as the findings and conclusions of the Court. Accordingly,

Accordingly,

IT IS ORDERED that Defendants' first Motion for Summary Judgment [15] is DENIED AS MOOT.

IT IS FURTHER ORDERED that Defendants' second Motion for Summary Judgment [28] is GRANTED.

THIS CASE IS CLOSED.

SO ORDERED.

s/Arthur J. Tarnow

Arthur J. Tarnow

Senior United States District Judge
Dated: March 30, 2015