Hillberry v. Elder et al, No. 5:2013cv00113 - Document 76 (N.D.W. Va. 2014)

Court Description: MEMORANDUM OPINION AND ORDER DECLINING TO AFFIRM AND ADOPT REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE AND GRANTING DEFENDANT LT. R. ELDER'S MOTION FOR LEAVE TO FILE A COUNTERCLAIM: Granting 37 Motion for Leave to File; Declining to aff irm and adopt 56 Report and Recommendations; Def. Elder's objections to R/R are sustained; Clerk directed to file the proposed Counterclaim; Plaintiff to file any response within 14 days of being served w/ copy of Counterclaim; parties to confer and submit proposed discovery schedule by 5/12/14. Signed by Senior Judge Frederick P. Stamp, Jr on 4/17/14. (soa)(copy to Plaintiff by cert. mail) (Additional attachment(s) added on 4/17/2014: # 1 Certified Mail Return Receipt) (soa).