Opinion
Case No.: 1:09cv257/MCR/GRJ
07-27-2012
ORDER
This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated March 21, 2012 (doc. 274). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of the plaintiff's timely filed objections (see doc. 287).
Having considered the Report and Recommendation, the plaintiff's objections, and the defendants' response to the plaintiff's objections, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's Report and Recommendation is adopted and incorporated by reference in this order.
2. Plaintiff's Motion to Dismiss or, Alternatively, for Summary Judgment on, the Defendants' Counterclaim (doc. 200) is DENIED.
3. The plaintiff shall submit an answer to the defendants' counterclaim within fourteen (14) days of the date of this order.
4. The court will set this matter for a Rule 16 status conference by separate order.
DONE AND ORDERED this 27th day of July, 2012.
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M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE