DEPAOLO v. GHM PORTLAND MAR LLC, No. 2:2016cv00468 - Document 67 (D. Me. 2018)

Court Description: ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE - adopting 64 Report and Recommendations for 55 Motion for Summary Judgment. By JUDGE NANCY TORRESEN. (mnw)

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DEPAOLO v. GHM PORTLAND MAR LLC Doc. 67 UNITED STATES DISTRICT COURT DISTRICT OF MAINE CARY DEPAOLO, Plaintiff, v. GHM PORTLAND MAR, LLC, Defendant ) ) ) ) ) Docket no. 2:16-cv-468-NT ) ) ) ) ) ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE On August 10, 2018, the United States Magistrate Judge filed with the court, with copies to the parties, his Recommended Decision on the Defendant’s Motion for Summary Judgment. (ECF No. 64). The Defendant filed an objection to the Recommended Decision on August 24, 2018. (ECF No. 65). The Plaintiff responded on September 7, 2018. (ECF No. 66). I have reviewed and considered the Recommended Decision, together with the entire record; I have made a de novo determination of all matters adjudicated by the Recommended Decision; and I concur with the recommendations of the United States Magistrate Judge for the reasons set forth in the Recommended Decision. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby ADOPTED and AFFIRMED. It is hereby ORDERED that the Defendant’s Motion for Summary Judgment (ECF No. 55) is GRANTED in part, as to the Plaintiff’s claims in Count I of disability Dockets.Justia.com discrimination based on a theory of failure to accommodate and his claim in Count II of FMLA retaliation, and in all other respects the motion is DENIED. Remaining for trial are the Plaintiff’s claims in Count I for retaliation, disability discrimination based on a theory of disparate treatment, and creation of a disability-based hostile work environment, and in Count II of FMLA interference. SO ORDERED. /s/ Nancy Torresen_______________ United States Chief District Judge Dated this 28th day of September, 2018. 2

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