MR AND MRS CATLING v. YORK SCHOOL DEPARTMENT

Filing 17

ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE re 15 REPORT AND RECOMMENDED DECISION re 9 First MOTION to Dismiss for Failure to State a Claim, First MOTION to Strike By JUDGE D. BROCK HORNBY. (clp)

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UNITED STATES DISTRICT COURT DISTRICT OF MAINE MR. AND MRS. CATLING, individually and as parents and next friends of TC, a minor, PLAINTIFFS V. YORK SCHOOL DEPARTMENT, DEFENDANT ) ) ) ) ) ) ) ) ) ) ) CIVIL NO. 2:19-CV-110-DBH ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE On August 20, 2019, the United States Magistrate Judge filed with the court, with copies to counsel, his Order on Defendant’s Strike/Recommended Decision on Defendant’s Motion to Dismiss. Motion to The time within which to file objections expired on September 3, 2019, and no objections have been filed. The Magistrate Judge notified the parties that failure to object would waive their right to de novo review and appeal. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby ADOPTED. The defendant’s partial motion to dismiss is DENIED.1 SO ORDERED. DATED THIS 17TH DAY OF SEPTEMBER, 2019 /S/D. BROCK HORNBY D. BROCK HORNBY UNITED STATES DISTRICT JUDGE The ruling denying the motion to strike also stands because there was no objection to it under Fed. R. Civ. P. 72(a). 1

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