BEARCE v. CITY OF WATERVILLE
Filing
33
ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE adopting Report and Recommended Decision re 28 Report and Recommendations for 20 Motion for Summary Judgment. By JUDGE JON D. LEVY. (mnw)
UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
JEFFREY C. BEARCE,
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) Case No. 1:13cv-00001-JDL
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Plaintiff,
v.
CITY OF WATERVILLE,
Defendant.
ORDER AFFIRMING THE RECOMMENDED DECISION OF THE
MAGISTRATE JUDGE
The United States Magistrate Judge filed his Recommended Decision (ECF No.
28) with the court on June 30, 2014, pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal
Rule of Civil Procedure 72(b). The plaintiff (“Bearce”) filed an Objection to the
Recommended Decision (ECF No. 29) on July 17. The defendant filed a Response to
the plaintiff’s Objection (ECF No. 30) on August 1. The parties participated in oral
argument on September 4.
I have reviewed and considered the Magistrate Judge’s Recommended
Decision, together with the entire record, and have made a de novo determination of
all matters adjudicated by the Magistrate Judge’s Recommended Decision. Although
I ultimately concur with the Magistrate Judge’s conclusions as set forth in his
Recommended Decision and determine that no further proceeding is necessary, I do
so with the following caveat: I do not adopt the Recommended Decision’s treatment
of the report of Dr. John Bielecki (ECF No. 19-12), which is cited in support of the
conclusion that “a reasonable jury could find that Dr. Bielecki found that [Bearce]
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could return to a desk job but nothing more strenuous until Dr. Bielecki completed
the testing he wished to pursue.” See ECF No. 28 at 15-16 (citing ECF No. 19-12 at
5). There is no dispute that the defendant did not receive Bielecki’s six-page report,
which was dated January 17, until well after Bearce was terminated in February
2011. See ECF No. 30 at 3. Instead, the defendant received a shorter, one-page report
from Bielecki on January 7, which indicated only that Bearce required further
evaluation before he could be cleared to return to work. ECF No. 19-20.
It is therefore ORDERED that the Recommended Decision of the Magistrate
Judge is hereby AFFIRMED. The defendant’s motion for summary judgment is
GRANTED.
SO ORDERED.
/s/Jon D. Levy_______
United States District Judge
Dated this 16th day of September, 2014.
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