SPECKIN v. NESTLE WATERS NORTH AMERICA INC, No. 2:2008cv00149 - Document 35 (D. Me. 2009)

Court Description: ORDER adopting Report and Recommended Decision 28 and granting Counts II and III and otherwise denying 11 Defendant's Motion for Summary Judgment By JUDGE GEORGE Z. SINGAL. (MSH)

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UNITED STATES DISTRICT COURT District of Maine JOHN SPECKIN, Plaintiff v. NESTLE WATERS NORTH AMERICA INC., Defendant ) ) ) ) ) ) ) ) ) ) Civil No. 08-149-P-S ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE The United States Magistrate Judge filed with the Court on February 24, 2009, his Recommended Decision (Docket No. 28). Defendant filed its Objection to the Recommended Decision (Docket No. 33) on March 13, 2009. Plaintiff filed his Opposition to Defendant s Objection to the Recommended Decision (Docket No. 34) on March 30 2009. I have reviewed and considered the Magistrate Judge's Recommended Decision, together with the entire record; I have made a de novo determination of all matters adjudicated by the Magistrate Judge's Recommended Decision; and I concur with the recommendations of the United States Magistrate Judge for the reasons set forth in his Recommended Decision, and determine that no further proceeding is necessary. 1. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby AFFIRMED. 2. It is hereby ORDERED that Defendant s Motion for Summary Judgment (Docket No. 11) is GRANTED as to Counts II and III of the Complaint and otherwise DENIED. /s/George Z. Singal_____________ U.S. District Judge Dated: April 2, 2009

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