Vardon v. City of Montgomery, Alabama Retirement Fund(MAG+)

Filing 28

ORDER: 1. The defendant's 26 Objection to the Recommendation of the Magistrate Judge, filed on 11/2/2011, is overruled; 2. The 25 Recommendation of the Magistrate Judge, entered on 10/24/2011, is adopted; 3. The defendant's 5 Motion to Dismiss or in the Alternative Motion for a More Definite Statement and 24 Motion for Summary Judgment are DENIED. Signed by Honorable Judge Mark E. Fuller on 2/1/2012. (dmn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
JAMES M. VARDON,
Plaintiff,
v.
CITY OF MONTGOMERY, ALABAMA
RETIREMENT FUND,
Defendant.

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Case No. 2:11-cv-352-MEF
(WO)

ORDER
Magistrate Judge Coody has filed a Recommendation (Doc. # 25) that this Court
deny the defendant’s Motion to Dismiss or in the Alternative Motion for a More Definite
Statement (Doc. # 5) and Motion for Summary Judgment (Doc. # 24). Upon an
independent review of the file, it is hereby ORDERED that:
1. The defendant’s objection (Doc. #26) to the Recommendation of the Magistrate
Judge, filed on November 2, 2011, is overruled;
2. The Recommendation of the Magistrate Judge (Doc. #25), entered on October
24, 2011, is adopted;
3. The defendant’s Motion to Dismiss or in the Alternative Motion for a More
Definite Statement (Doc. # 5) and Motion for Summary Judgment (Doc. # 24) are
DENIED.
st

DONE this the 1 day of February, 2012.
/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE