Kitchen v. BASF

GEORGE C. HANKS, JR. UNITED STATES DISTRICT JUDGE

Pending before the Court is Plaintiff's Opposition to the Recommendation of the Magistrate and Request for Review by the Sitting Judge/Reconsideration ("Objections"). Dkt. 116. On August 17, 2018, all dispositive pretrial motions were referred to Magistrate Judge Andrew M. Edison pursuant to 28 U.S.C. § 636(b)(1)(B). Dkt. 112. On October 16, 2018, Judge Edison filed a Memorandum and Recommendation (Dkt. 115) recommending that Defendant's Motion for Summary Judgment (Dkt. 77) be GRANTED, Plaintiff's Second Motion for Summary Judgment (Dkt. 71) be DENIED, and Defendant's Motion for Judgment on the Pleadings (Dkt. 31) be DENIED AS MOOT.

On October 30, 2018, Plaintiff filed his Objections. In accordance with 28 U.S.C. § 636(b)(1)(C), this Court is required to "make a de novo determination of those portions of the [magistrate judge's] report or specified proposed findings or recommendations to which objection [has been] made." After conducting this de novo review, the Court may "accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Id.; see also FED. R. CIV. P. 72(b)(3).

The Court has carefully considered the Objections; the Memorandum and Recommendation; the pleadings and summary judgment record; and the briefing and arguments of the parties. The Court ACCEPTS Judge Edison's Memorandum and Recommendation and ADOPTS it as the opinion of the Court. It is therefore ORDERED that:

(1) Judge Edison's Memorandum and Recommendation (Dkt. 115) be APPROVED AND ADOPTED in its entirety as the holding of the Court;
(2) Defendant's Motion for Summary Judgment (Dkt. 77) be GRANTED;
(3) Plaintiff's Second Motion for Summary Judgment (Dkt. 71) be DENIED; and
(4) Defendant's Motion for Judgment on the Pleadings (Dkt. 31) and all other pending motions are DENIED AS MOOT.

It is so ORDERED.

SIGNED and ENTERED this 1^st day of November, 2018.

/s/_________

GEORGE C. HANKS, JR.

UNITED STATES DISTRICT JUDGE