ESTATE OF CRAIG L ALLARD, et al v. WILLIAMS et al, No. 2:2011cv00283 - Document 60 (D. Me. 2012)
Court Description: ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE - adopting Report and Recommended Decision re 57 Report and Recommendations. By JUDGE D. BROCK HORNBY. (mnw)
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UNITED STATES DISTRICT COURT DISTRICT OF MAINE ESTATE OF CRAIG L. ALLARD, ET AL., PLAINTIFFS v. PATRICK J. FLEMING, ET AL., DEFENDANTS ) ) ) ) ) ) ) ) ) ) CIVIL NO. 2:11-CV-283-DBH ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE On October 31, 2012, the United States Magistrate Judge filed with the court, with copies to counsel, his Recommended Decision on Motion for Summary Judgment. An objection to the Recommended Decision was filed by the defendant Phinney on November 19, 2012. 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 state defendants motion for summary judgment (ECF No. 45) is GRANTED. The defendant Phinney s motion for summary judgment (ECF No. 48) is GRANTED as to Count VIII of the Complaint and any punitive damages, and is otherwise DENIED. Remaining for trial is Count VII of the Complaint asserted only against the defendant Phinney. SO ORDERED. DATED THIS 10TH DAY OF DECEMBER, 2012 /S/D. BROCK HORNBY D. BROCK HORNBY UNITED STATES DISTRICT JUDGE 2
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