-TEM School Board of the City of Newport News v. T.R. Driscoll, Inc., No. 4:2011cv00079 - Document 33 (E.D. Va. 2011)
Court Description: ORDER adopting and approving in full the findings and recommendations set forth in 29 Report and Recommendation of the Magistrate Judge; granting 12 Motion to Intervene filed by General Casualty Insurance Company for the limited purpose of filing and arguing the Motion for Continuance; granting 14 Motion to Continue filed by General Casualty Insurance Company; continuing the trial date and other deadlines in the Rule 16(b) Scheduling Order for approximately two months; denying 14 Motion to Enjoin Destructive Testing as moot. Signed by District Judge Rebecca Beach Smith and filed on 8/22/11. (mwin, )
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-TEM School Board of the City of Newport News v. T.R. Driscoll, Inc. Doc. 33 , UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA FILED AUG 2 2 2011 Newport News Division CLLRK. U.S OISTRiCT COcHT fiORr SCHOOL BOARD OF THE CITY OF NEWPORT NEWS, Plaintiff, v* T.R. ACTION NO. 4:llcv79 DRISCOLL, INC., Defendant, AND GENERAL CASUALTY INSURANCE COMPANY, Movant. This matter comes before the court on the Motion to Intervene (ECF #12) and Motion to Enjoin Destructive Testing and to Briefly Continue Trial in This Matter July 12, 2011. Magistrate The Judge by matter Order of (ECF #14), was filed by the movant on referred July 15, to 2011, a United pursuant States to the provisions of 28 U.S.C. ยง 636(b)(1) <B) and (C) and Federal Rule of Civil Procedure 72(b), to conduct hearings, including evidentiary hearings, if necessary, and to submit to the undersigned proposed findings of fact, if applicable, and recommendations for the disposition of the motions. The United States Magistrate Judge's Report and Recommendation (ECF #29) was filed on July 29, 2011. The magistrate judge recommended granting in part and denying in part movant's motions Dockets.Justia.com and recommended trial in this matter, established by the Rule 16(b) as well as Scheduling Order, other deadlines be continued for approximately two months. By judge, copy the of the parties objections thereto. magistrate judge's report were The in full recommendation advised of their of right the to magistrate file written court has received no objections report filing same has expired. and and recommendation, and the to the time for The court does hereby adopt and approve the findings and recommendations set forth in the Report and Recommendation of the United States Magistrate Judge filed July 29, 2011. Accordingly, the movant's Motion to Intervene (ECF #12) is GRANTED for the limited purpose of filing and arguing the Motion for Continuance; This Matter (ECF the movant's Motion to Briefly Continue Trial in #14) is GRANTED and the deadlines established in the Rule 16(b) CONTINUED for approximately two (2) Motion to Enjoin Destructive Testing trial date and other Scheduling Order shall be months; and, (also ECF #14) the movant's is DENIED as MOOT. The Clerk shall forward a copy of this Order to all parties of record. It is SO ORDERED. /s/ Norfolk, Virginia - August c*<* , 2011 Rebecca Beach Smith United States District Judge
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