CITIZENS COMMUNICATIONS COMPANY v. BARRETT PAVING MATERIALS INC et al

Filing 169

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE re 165 Report and Recommendations; Denying 110 Motion for Partial Summary Judgment. By JUDGE GEORGE Z. SINGAL. (kic)

UNITED STATES DISTRICT COURT DISTRICT OF MAINE FRONTIER COMMUNICATIONS CORPORATION, Plaintiff v. BARRETT PAVING MATERIALS, INC., et al, Defendants ) ) ) ) ) ) ) )

Civil No.

07-113-B-S

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE No objections having been filed to the Magistrate Judge's Recommended Decision (Docket No. 165) filed September 23, 2009, the Recommended Decision is AFFIRMED. Accordingly, it is ORDERED that Plaintiff's Motion for Partial Summary Judgment (Docket No. 110) is DENIED without prejudice to its right to renew the motion following the close of discovery. It is also ORDERED that the Motion for Discovery (Docket No. 139) filed by the Railroad Defendants is MOOTED.

_/s/ George Z. Singal __ United States District Judge Dated this 15th day of October, 2009.