Smith v. United Parcel Service

Filing 160

ORDER accepting 154 Report and Recommendations by Judge Lewis T. Babcock on 11/13/13. 103 Motion for Summary Judgment is granted, and 108 Motion for Summary Judgment is denied. Judgment shall enter, which shall include an award of costs, in favor of the Defendant. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
LEWIS T. BABCOCK, JUDGE

Civil Case No. 12-cv-01578-LTB-CBS
MATTHEW ALAN SMITH,
Plaintiff,
v.
UNITED PARCEL SERVICE,
Defendant.
________________________________________________________________________
ORDER
________________________________________________________________________

This case is before me on the recommendation of the Magistrate Judge issued and
served on October 28, 2013 (Doc 154). Plaintiff has failed to file specific written objections
to the Magistrate Judge’s recommendation and is therefore barred from de novo review.
Accordingly, it is
ORDERED that the recommendation is accepted as follows:
1.

Defendant’s Motion for Summary Judgment (Doc 103) is GRANTED
and summary judgment shall enter in favor of Defendant and against
Plaintiff on all claims in the Complaint.

2.

Plaintiff’s Motion for Summary Judgment (Doc 108) is DENIED.

3.

Judgment shall enter which shall include an award of costs, in the
amount submitted by UPS in a bill of costs, that includes any unpaid
balance remaining on the amount of $2,893.50 in reasonable
expenses previously awarded by the Court pursuant to Fed.R.Civ.P.
37(a).

BY THE COURT:

s/Lewis T. Babcock
Lewis T. Babcock, Judge
DATED:

November 13, 2013