Filed: Dec. 17, 2018
Latest Update: Dec. 17, 2018
Summary: FINAL ORDER REBECCA BEACH SMITH , District Judge . This matter comes before the court on the parties' Objections to the United States Magistrate Judge's Report and Recommendation C'R&R"). Cherry Bekaert, LLP, and Sara Crabtree ('"Defendants") filed a Motion for Summary Judgment ("Motion") and accompanying Memorandum in Support, on July 17, 2018. EOF Nos. 62, 63. Gradillas Court Reporters, Inc. ("Plaintiff") filed a Memorandum in Opposition on July 31, 2018, EOF No. 64, and Defendants filed
Summary: FINAL ORDER REBECCA BEACH SMITH , District Judge . This matter comes before the court on the parties' Objections to the United States Magistrate Judge's Report and Recommendation C'R&R"). Cherry Bekaert, LLP, and Sara Crabtree ('"Defendants") filed a Motion for Summary Judgment ("Motion") and accompanying Memorandum in Support, on July 17, 2018. EOF Nos. 62, 63. Gradillas Court Reporters, Inc. ("Plaintiff") filed a Memorandum in Opposition on July 31, 2018, EOF No. 64, and Defendants filed ..
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FINAL ORDER
REBECCA BEACH SMITH, District Judge.
This matter comes before the court on the parties' Objections to the United States Magistrate Judge's Report and Recommendation C'R&R"). Cherry Bekaert, LLP, and Sara Crabtree ('"Defendants") filed a Motion for Summary Judgment ("Motion") and accompanying Memorandum in Support, on July 17, 2018. EOF Nos. 62, 63. Gradillas Court Reporters, Inc. ("Plaintiff") filed a Memorandum in Opposition on July 31, 2018, EOF No. 64, and Defendants filed a Reply on August 6, 2018, EOF No. 70. On August 7, 2018, this court referred the Motion to United States Magistrate Judge Robert J. Krask, pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b), to conduct hearings, including evidentiary hearings, if necessary, and to submit to the undersigned district judge proposed findings of fact, if applicable, and recommendations for disposition of the Motion. ECF No. 71.
A hearing was held on October 16, 2018, and the Magistrate Judge filed the R&R on Defendants' Motion on November 6, 2018. EOF No. 89. The R&R recommends that Defendants' Motion be granted. R&R at 34. The parties were advised of their right to file written objections to the findings and recommendations made by the Magistrate Judge. Id. at 34-35. Plaintiff filed Objections on November 20, 2018. EOF No. 94, and Defendants responded to Plaintiff's Objections on December 4, 2018, EOF No. 97. Defendants filed an Objection on November 20, 2018, EOF No. 95, and Plaintiff responded to Defendants' Objection on December 4, 2018, EOF No. 96.
Pursuant to Rule 72(b) of the Federal Rules of Civil Procedure, the court, having reviewed the record in its entirety, shall make a de novo determination of those portions of the R&R to which the parties have specifically objected. Fed. R. Civ. P. 72(b). The court may accept, reject or modify, in whole or in part, the recommendation of the magistrate judge, or recommit the matter to him with instructions. 28 U.S.C. § 636(b)(1).
The court, having examined the parties' Objections to the R&R, and having made de novo findings with respect thereto, ADOPTS AND APPROVES IN FULL the findings and recommendations set forth in the R&R of the United States Magistrate Judge, filed on November 6, 2018. ECF No. 89. Accordingly, Plaintiff's Objections are OVERRULED, Defendants' Objection is OVERRULED, and Defendants' Motion for Summary Judgment is GRANTED. Because the court concludes that Defendants are entitled to summary judgment, Defendants' Motion to Strike Expert Reports of Wilson, Ritter, and Schulze, and to Preclude their Testimony at Trial, ECF No. 85, is DENIED AS MOOT. Plaintiff's suit is DISMISSED WITH PREJUDICE as to all counts. The Clerk shall enter final judgment in favor of Defendants in accordance with this Final Order.
The Clerk is DIRECTED to send a copy of this Order to counsel for all parties.
IT IS SO ORDERED.