Lamb v. Nextel Communications of the Mid-Atlantic, Inc. et al, No. 4:2009cv00149 - Document 44 (E.D. Va. 2010)

Court Description: FINAL ORDER adopting and approving in full the findings and recommendations set forth in 39 Report and Recommendation of the United States Magistrate Judge; denying plaintiff's 28 motion for summary judgment; denying defendants' 30 Motion for Summary Judgment; directing clerk to enter judgment for the defendants; dismissing the case from the docket. Signed by District Judge Rebecca Beach Smith and filed on 10/13/10. (mwin, )

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Lamb v. Nextel Communications of the Mid-Atlantic, Inc. et al UNITED Doc. 44 STATES DISTRICT COURT EASTERN DISTRICT OP VIRGINIA Newport News EDWARD Division LAMB, Plaintiff, ACTION NO. V. NEXTEL 4:09cvl49 COMMUNICATIONS OF THE MID-ATLANTIC, INC., et al., Defendants. FINAL ORDER This matter comes before the Judgment, filed defendants' The matter order ยง of by Motion was June 636(b)(l)(B) for to submit plaintiff 18, 2010, and (C) to on the Motion on May Summary Judgement referred to conduct hearings, and the court to a United pursuant to 21, 2010, filed on May States the provisions and Federal Rule of Civil undersigned proposed and 21, Magistrate of the 2010. Judge 28 by U.S.C. Procedure 72(b), including evidentiary hearings, the for Summary if necessary, findings of fact, if applicable, and recommendations for the disposition of the motions. The United States Magistrate Judge conducted a hearing on July 28, 2010. The filed on August judgment parties' be Magistrate 19, entered Motion for Judge's 2010. in The favor Summary Report and Recommendation, Report magistrate of the Judgment and Recommendation judge recommended defendants be denied. and By that copy of was that both the the parties were advised of their right Dockets.Justia.com to file written objections thereto. On September 7, 2010, the court received the plaintiff's objections to the Magistrate Judge's Report and Recommendation, received the defendants' The court, and on September 24, 2010, the court Response to plaintiff's objections. having examined the objections by the plaintiff to the Report and Recommendation and having made de novo findings with respect thereto, does hereby adopt and approve in full the findings and recommendations set the United States Accordingly, DENIED, DENIED. case is forth in the Report and Recommendation of Magistrate Judge filed August 19, 2010. the plaintiff's motion for summary judgment is hereby and the defendants' motion for summary judgement is hereby The Clerk shall enter judgment for the defendants and the DISMISSED from the docket. The Clerk shall forward a copy of this Final Order to counsel for the parties. It is so ORDERED. ,, /s/ Rebecca Beach Smith Ui.ited States District Judge UNITED Norfolk, Virginia October \3 , 2010 STATES DISTRICT JUDGE

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