PATCO CONSTRUCTION COMPANY INC v. PEOPLES UNITED BANK
ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE - granting 61 Motion for Summary Judgment; mooting 63 Motion to Exclude; mooting 65 Motion to Strike ; denying 72 Motion for Summary Judgment; mooting 76 Motion to Exclude; adopting Report and Recommended Decision re 120 Report and Recommendations. By JUDGE D. BROCK HORNBY. (mnw)
UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
PEOPLES UNITED BANK
DBA OCEAN BANK,
CIVIL NO. 09-503-P-H
ORDER AFFIRMING RECOMMENDED DECISION
OF THE MAGISTRATE JUDGE
On May 27, 2011, the United States Magistrate Judge filed with the
court, with copies to counsel, his Recommended Decision on Cross-Motions for
The plaintiff filed an objection to the Recommended
Decision on June 13, 2011. Oral argument was held on August 3, 2011.
On the issue whether Patco agreed to the Bank’s security procedures, I
do not rely on the Magistrate Judge’s conclusion that Patco conceded the point
by not addressing the issue in its Reply. The parties filed simultaneous crossmotions for summary judgment and Patco did address the issue in its initial
filing. That was enough to preserve it. I do agree with the Magistrate Judge,
however, that the record supports the conclusion that Patco did agree.
I have reviewed and considered the Recommended Decision, together
with the entire record; I have made a de novo determination of all matters
recommendations of the United States Magistrate Judge for the reasons set
forth in the Recommended Decision, and determine that no further proceeding
It is therefore ORDERED that the Recommended Decision of the Magistrate
Judge is hereby ADOPTED. The Bank’s motion for summary judgment as to all
counts of Patco’s complaint is GRANTED.
Patco’s cross-motion for summary
judgment on Count I is DENIED. Patco’s and the Bank’s motions to exclude
expert testimony and the Bank’s motion to strike Patco’s jury demand are
DATED THIS 4TH DAY OF AUGUST, 2011
/S/D. BROCK HORNBY
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE
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