Kouba v. Renzenberger, Inc. et al

Filing 219

IT IS HEREBY ORDERED as follows: Magistrate Judge Bowmans Report and Recommendation Doc. 216 is accepted and adopted and the second motion for summary judgment Doc. 181 is denied as moot. This case shall remain on referral to Magistrate Judge Bo wman and the parties shall file their revised motions in limine and revised proposed joint pretrial order within 30days of the filing date of this Order as previously ordered by Magistrate JudgeBowman. Signed by Senior Judge Frank R Zapata on 2/6/13.(KAD)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE DISTRICT OF ARIZONA 3 Albert Walter Kouba, 4 5 Plaintiff, vs. 6 Renzenberger, Inc., et al., 7 Defendants. 8 ) ) ) ) ) ) ) ) ) ) ) ) No. CV 10-159-TUC-FRZ (LAB) ORDER 9 10 Pending before the Court is a Report and Recommendation issued by Magistrate Judge 11 Bowman that recommends denying Renzenberger’s second motion for summary judgment 12 as moot. A review of the record reflects that the parties have not filed any objections to the 13 Report and Recommendation and the time to file objections has expired. 14 The Court has reviewed the record and concludes that Magistrate Judge Bowman’s 15 recommendations are not clearly erroneous. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72; 16 Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999); Conley v. Crabtree, 14 17 F. Supp. 2d 1203, 1204 (D. Or. 1998). 18 Accordingly, IT IS HEREBY ORDERED as follows: 19 (1) Magistrate Judge Bowman’s Report and Recommendation (Doc. 216) is accepted and 20 adopted and the second motion for summary judgment (Doc. 181) is denied as moot. 21 (2) This case shall remain on referral to Magistrate Judge Bowman and the parties shall 22 file their revised motions in limine and revised proposed joint pretrial order within 30 23 days of the filing date of this Order as previously ordered by Magistrate Judge 24 Bowman. See Doc. 218. 25 DATED this 6th day of February, 2013. 26 27 28

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