Franklin v. Medtronic, Inc.

Filing 41

ORDER. The Recommendation of a United States Magistrate Judge 40 filed05/12/2010, is APPROVED AND ADOPTED. Defendant Medtronic, Inc.s Motion for Summary Judgment 26 filed 03/04/2010, is GRANTED. Plaintiffs claims against defendant are DISMISSED WITH PREJUDICE. The Trial Preparation Conference, currently scheduled for 12/17/2010 at 10:00 a.m., as well as the trial, currently scheduled to commence on 01/03/2011, are VACATED. Judgment SHALL ENTER on behalf of defendant, Medtronic, Inc., again st plaintiff, Debra Franklin, as to all claims for relief and causes of action asserted in this action. Defendant is AWARDED its costs, to be taxed by the Clerk of the Court pursuant to Fed.R.Civ.P. 54(d)(1) and D.C.COLO.LCivR 54.1.. By Judge Robert E. Blackburn on 06/22/2010.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 09-cv-02301-REB-KMT DEBRA FRANKLIN, Plaintiff, v. MEDTRONIC, INC., Defendant. ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Blackburn, J. The matter before me is the Recommendation of a United States Magistrate Judge [#40] filed May 12, 2010. No objections having been filed to the recommendation, I review it only for plain error. See Morales-Fernandez v. Immigration & Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005).1 Finding no such error in the magistrate judge's recommended disposition, I find and conclude that the recommendation should be approved and adopted. THEREFORE, IT IS ORDERED as follows: 1. That the Recommendation of a United States Magistrate Judge [#40] filed May 12, 2010, is APPROVED AND ADOPTED as an order of this court;

This standard pertains even though plaintiff is proceeding pro se in this matter. MoralesFernandez, 418 F.3d at 1122.

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2. That Defendant Medtronic, Inc.'s Motion for Summary Judgment [#26] filed March 4, 2010, is GRANTED; 3. That plaintiff's claims against defendant are DISMISSED WITH PREJUDICE; 4. That the Trial Preparation Conference, currently scheduled for Friday, December 17, 2010 at 10:00 a.m., as well as the trial, currently scheduled to commence on Monday, January 3, 2011, are VACATED; 5. That judgment SHALL ENTER on behalf of defendant, Medtronic, Inc., against plaintiff, Debra Franklin, as to all claims for relief and causes of action asserted in this action; and 6. That defendant is AWARDED its costs, to be taxed by the Clerk of the Court pursuant to Fed.R.Civ.P. 54(d)(1) and D.C.COLO.LCivR 54.1. Dated June 22, 2010, at Denver, Colorado. BY THE COURT: .

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