Austin v. Brunos et al

Filing 123

MEMORANDUM OF OPINION AND ORDER-re: R&R 119 . The Magistrate Judge's Report is hereby ADOPTED and the Recommendation is ACCEPTED. It is hereby ORDERED that Pltf's Motion for Summary Judgment 100 is DENIED. This matter is REFERRED to the Magistrate Judge for further proceedings. Signed by Judge R David Proctor on 8/14/2013. (AVC)

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Austin v. Certegy Payment Recovery Services, Inc., et al Doc. 123 FILED 2013 Aug-14 AM 11:55 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION TIFFANY AUSTIN, Plaintiff, v. CERTEGY PAYMENT RECOVERY SERVICES, INC., and CERTEGY CHECK SERVICES, INC., Defendants, } } } } } } } } } } } Case No.: 2:11-cv-00401-JHE MEMORANDUM OF OPINION AND ORDER The Magistrate Judge filed a Report and Recommendation (Doc. #119) on March 22, 2013, recommending that Plaintiffs' Motion for Summary Judgment on her claims against Certegy Check Services, Inc. as to liability only (Doc. #100) be denied. The parties were advised of their right to file specific written objections. Plaintiff has filed objections to the Report and Recommendation. (Doc. #120). Defendant Certegy Check Services, Inc. responded to Plaintiff's objections. (Doc. #121). Having carefully reviewed and considered de novo all the materials in the court file, including the Report and Recommendation, Plaintiff's objections, and Defendant's response, the court is of the opinion that the Magistrate Judge's Report is due to be and hereby is ADOPTED and the Recommendation is ACCEPTED. Accordingly, it is hereby ORDERED, ADJUDGED and DECREED that Plaintiff's Motion for Summary Judgment (Doc. #100) is DENIED. This matter is REFERRED to the Magistrate Judge for further proceedings consistent with this opinion and order. DONE and ORDERED this 14th day of August, 2013. ___________________________________ R. DAVID PROCTOR UNITED STATES DISTRICT JUDGE 2

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