CITIZENS COMMUNICATIONS COMPANY v. BARRETT PAVING MATERIALS INC et al

Filing 164

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE ORDER re 152 Report and Recommendations; granting 113 Motion for Summary Judgment; denying 160 Motion for Oral Argument/Hearing. By JUDGE GEORGE Z. SINGAL. (lrc)

UNITED STATES DISTRICT COURT District of Maine FRONTIER COMMUNICATIONS CORPORATION f/k/a CITIZENS COMMUNICATIONS COMPANY, Plaintiff v. BARRETT PAVING MATERIALS, INC., et al, Defendants ) ) ) ) ) ) ) ) ) ) ) )

Civil No. 07-113-B-S

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE The United States Magistrate Judge filed with the Court on August 14, 2009, her Recommended Decision (Docket No. 152). Plaintiff filed its Objection to the Recommended Decision (Docket No. 159) on August 31, 2009. Defendant CenterPoint Energy Resources Corp. filed its Response to Plaintiff's Objection to the Recommended Decision (Docket No. 163) on September 18, 2009. I have reviewed and considered the Magistrate Judge's Recommended Decision, together with the entire record; I have made a de novo determination of all matters adjudicated by the Magistrate Judge's Recommended Decision; and I concur with the recommendations of the United States Magistrate Judge for the reasons set forth in her Recommended Decision, and determine that no further proceeding is necessary. 1. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby AFFIRMED.

2. 3.

It is hereby ORDERED that the Motion for Summary Judgment (Docket No. 113) filed by Defendant CenterPoint Energy Resources Corp. is GRANTED. Plaintiff's request for oral argument ((Docket No. 160) is DENIED.

/s/George Z. Singal_____________ U.S. District Judge Dated: September 22, 2009