TRASK v. SWISH KENCO LTD, No. 1:2012cv00050 - Document 34 (D. Me. 2013)
Court Description: ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE - adopting Report and Recommended Decision re 31 Report and Recommendations for 20 Motion for Summary Judgment. By JUDGE D. BROCK HORNBY. (mnw)
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UNITED STATES DISTRICT COURT DISTRICT OF MAINE TIMOTHY TRASK, PLAINTIFF v. SWISH KENCO, LTD, DEFENDANT ) ) ) ) ) ) ) ) ) CIVIL NO. 1:12-CV-50-DBH ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE On January 4, 2013, the United States Magistrate Judge filed with the court, with copies to counsel, her Recommended Decision on the defendant s motion for summary judgment. The defendant filed an objection to the Recommended Decision on January 22, 2013. 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, and determine that no further proceeding is necessary. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby ADOPTED. The defendant s motion for summary judgment is DENIED on the issue of liability and GRANTED as it concerns the cap on the compensatory damage award under federal law. Ruling is RESERVED on the territorial reach of the term employer under the Maine Human Rights Act until such time as a factfinder has made an award of compensatory damages that would necessitate resolution of that issue. SO ORDERED. DATED THIS 30TH DAY OF JANUARY, 2013 /S/D. BROCK HORNBY D. BROCK HORNBY UNITED STATES DISTRICT JUDGE 2
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