BLUETARP FINANCIAL INC v. EASTERN MATERIALS CORP, No. 2:2008cv00324 - Document 67 (D. Me. 2009)

Court Description: ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE re 64 Report and Recommendations, granting 41 Motion for Summary Judgment, denying 46 Motion for Summary Judgment. By JUDGE GEORGE Z. SINGAL. (lrc)

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UNITED STATES DISTRICT COURT District of Maine BLUETARP FINANCIAL, INC., Plaintiff v. EASTERN MATERIALS CORPORATION, Defendant ) ) ) ) ) ) ) ) ) ) Civil No. 08-324-P-S ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE The United States Magistrate Judge filed with the Court on July 24, 2009, his Recommended Decision (Docket No. 64). Defendant filed its Objection to the Recommended Decision (Docket No. 65) on August 10, 2009. Plaintiff filed its Response to Defendant s Objection to the Recommended Decision (Docket No. 66) on August 14, 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 Plaintiff s Motion for Summary Judgment (Docket No. 41) is GRANTED. 3. It is hereby ORDERED that Defendant s Motion for Summary Judgment (Docket No. 46) is DENIED. /s/George Z. Singal_____________ U.S. District Judge Dated: August 17, 2008

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